IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 LA.App..No. 1042 of 2009() -------------------------- LAR.176/2007 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOCHI REFINERIES LTD., TRIPUNITHURA. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. CHACKO VARGHESE, S/O.KADAVIL KOCHU CHACKO, PARUMALA MURIYIL, KADAPPARA, THIRUVALLA. 2. SHERLY, W/O.CHACKO VARGHESE, BY P/A.HOLDER CHACKO & SHERLY. 3. CHIEF EXECUTIVE OFFICER, INFO PARK, KUSUMAGIRI, KAKKANADU. ADV. SRI.P.A.AHAMED, SC, INFOPARKS FOR R3 SRI.P.A.MOHAMMED (KOCHI) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ LAA. No. 1042 of 2009 ------------------------------------------- Dated this the 26th day of March, 2010 J U D G M E N T Pius C. Kuriakose, J. This appeal filed by the Government pertains to acquisition of land in Kakkanad Village for the purpose of expansion of the Info Park. The acquisition was pursuant to Section 4(1) notification published on 18-7-2005. The land acquisition officer awarded land value at the rate of Rs.1,59,600/- per Are. Before the reference court the evidence consisted of Exts. A1 to A5, R1 to R5, AW-1, RW-1 and RW-2 and commission report C-1 and C1(a) Commissioner's sketch. The court below on evaluating the evidence and particularly Ext.A2 sale deed re-fixed the land value at Rs.3,40,092/- per Are. Even though several grounds have been raised assailing the judgment of the reference court and Sri.Basant Balaji, learned Govt. Pleader addressed us on the basis of those grounds and he was ably - 2 - supported by Sri.P.A. Ahammed, learned counsel for the requisitioning authority, we are not persuaded to hold that the market value fixed by the court below is excessive. According to us, the finding entered by the learned Subordinate Judge regarding the market value is founded on legal evidence available on record. We don't find warrant for interference. Appeal is dismissed. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-