IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 LA.App..No. 2454 of 2008 -------------------------- LAR.65/2005 of SUB COURT, PALA .................... APPELLANT: -------------- STATEOF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER MR. BASANT BALAJI RESPONDENTS: --------------- 1. JOSEPH MATHEW, MANAKKATTAYA ASARIPARAMBIL, KURUVILANGAD (DIED). 2. BABY.M.M., S/O.MATHREW MANAKKATTU HOUSE KURAVILANGADUKARA, KURAVILANGAD VILLAGE, 3. JOSE M.M. OF S/O.MATHEW MANAKKATTU HOUSE, DO.DO. 4. ALEYAMMA @ SISTER ANEY, D/O.MATHEW OF MANAKKATTU HOUSE, DO.DO. 5. CHINNAMMA @ SISTER MONCY, D/O.MATHEW OF MANAKKATTU HOUSE, DO.DO. 6. MARY, D/O.MATHEW OF MANAKKATTU HOUSE DO.DO. 7. ROSAMMA MATHEW, W/O.MATHEW OF MANAKKATTU HOUSE, DO.DO. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== L.A.A.NO. 2454 OF 2008 ============================ DATED THIS THE 15TH DAY OF JANUARY 2009 JUDGMENT Pius C.Kuriakose,J. This appeal relates to acquisition of land in Kuruvilangad Village pursuant to a notification under Section 4(1) published on 3-8-2004 for the formation of M.V.I.P. The Land Acquisition Officer awarded the land value at Rs.10,419/- per Are. The evidence of the Reference Court consisted of Exts.A1 and A2, copies of judgments in two other cases covered by the very same notification and Ext.C1 commission report and oral testimony of AW1 on the side of the claimants/respondents. Counter evidence adduced by the appellant/Government consisted of Ext.R1 series, reference file in L.A.No.45/2005. The court below noticed on the basis of Ext.C1 and AW1 that the said property was situated near to the main junction of Kuruvilangad town and that the same was much more superior to the property covered by the basis document. The potentiality of the property and its nearness to the important establishments in the town LAA.2454/2008 -2- was noticed by the court below. Exts.A1 and A2 judgments are not specifically discussed in the judgment. It is clear that the learned Judge kept in mind Exts.A1 and A2 also while determining the market value of the property. After evaluating the evidence, the court below fixed the land value at Rs.18,000/- per Are. Having gone through the judgment and having considered the submission of the learned Government Pleader, we are of the view that it is, more or less, the correct value of the property at the relevant time which has been arrived at by the learned subordinate Judge. We do not find any reason warranting interference and the appeal will stand dismissed. PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, JUDGE ks. LAA.2454/2008 -3-