IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 LA.App.No. 1032 of 2008 ----------------------------- LAR.146/2006 of SUB COURT, ERNAKULAM .................... APPELLANT/ RESPONDENT No.1: -------------- STATE OF KERALA, REP BY THE SPECIAL TAHSILDAR, LA RAILWAYS, ERNAKULAM. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR. RESPONDENTS/ CLAIMANT & REPONDENT No.2: ----------------- 1. THE SECRETARY, NSS KARAYOGAM, KUREEKADU P.O., THIRUVANKULAM,ERNAKULAM. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------------- L.A.A. No. 1032 OF 2008 -------------------------------------------- Dated this the 22nd day of September, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the State aggrieved by the fixation of land value in L.A.R.No.146/2006 on the file of the Sub Court, Ernakulam. Acquisition is for doubling the railway line between Ernakulam and Mulanthuruty. The property is situated in Kureekkadu village. The extent involved in this case is 3.80 ares. Section 4(1) notification is dated 18.12.2003. 2. It is seen that the reference court has placed reliance on L.A.R.No.96/2006 on the file of the said court, in respect of the very same acquisition and pertaining to the very same notification also. In L.A.R.No.96/2006, the Commissioner reported that the distance to the said property from Kureekkad railway gate is 100 - 150 metres. The property had also frontage of Kureekkad Gandhi Nagar road on the eastern side. It was also L.A.A. No. 1032/08 2 found that the acquired land in the instant case is having frontage of Kureekkad Gandhi Nagar road on the eastern side and a narrow road on the southern side. In view of the access to two roads, reference court was of the view that the property in the instant case is having a little more importance than the property covered by L.A.R.No.96/2006. Hence 5% enhancement was given on the value awarded in L.A.R.No.96/2006 and thus the land value was fixed at Rs.77,400/- per Are. It is seen that there was no oral evidence for the respondents and that the land value in L.A.R.No.96/2006 has become final. It is also seen that the respondents had no objection in looking into and relying on the judgment in L.A.R.No.96/2006. Therefore, there is no merit in the appeal and it is accordingly dismissed. I.A.No.2349/2008: Dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp L.A.A. No. 1032/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. L.A.A. No. 1032 OF 2008 J U D G M E N T 22.09.2008