IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 LA.App.No. 1380 of 2007(D) ---------------------------------- LAR.20/2003 of SUB COURT, TIRUR .................... APPELLANT/RESPONDENT: ------------------------------- STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) TIRUR. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. RESPONDENT/CLAIMANT: ------------------------------ THOTTIYATIL DAMODARAN, THOTTIYATIL HOUSE, MATHUR P.O.,TIRUR. BY ADV. SRI. K. RAMACHANDRAN SMT. A.R. DIVYA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No.1380 OF 2007 ----------------------------------------- Dated this the 15th day of July, 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 by the reference court, Sub Court, Tirur in L.A.R.No.20/2003. Acquisition is for the purpose of Tirur bye- pass road. Section 4(1) notification is dated 21.04.1999. 2. Land Acquisition Officer fixed the land value at the rate of Rs.6,224/- per cent and the reference court fixed it at Rs.10,533/- per cent. It is seen that such fixation is made based on the evidence of the Land Acquisition Officer. 3. The basic document is of a property having 16.5 cents. In the said property, there were only four coconut trees whereas in the acquired property comprising of 15.44 cents, there were 30 yielding coconut trees. Both properties are situated in the municipal area. Even according to the Land Acquisition Officer, the acquired property is situated near to an auditorium and an English Medium School is very close by. A Polytechnic, Boys High L.A.A. No. 1380/07 2 School and Panchami School are also near to the acquired property. Despite such advantages to the acquired property, the Collector reduced 35% from the value of the basic document. Such reduction being without any basis, the court rightly held that the same was not justifiable. In view of the better locational advantages to the acquired property, we are of the view that the reference court has rightly fixed the land value by granting 10% enhancement. We do not find any merit in this appeal. It is accordingly dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. No. 1380/07 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 879 OF 2006 J U D G M E N T 15.07.2008