IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 LA.App..No. 478 of 2009() ------------------------- LAR.40/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ ABIDA BEEVI, D/O. PATHUMMA KUNJU, STAR MANZIL, ANDAMUKKAM, KOLLAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.478 OF 2009 ------------------------ Dated this the 21st day of May, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal pertains to acquisition of land in Kollam North village within the limits of Kollam Corporation for the purpose of construction of Andamukkam Commercial Complex Phase II. Relevant Section 4(1) notification was published on 24/1/1995. The Land Acquisition Officer awarded land value at the rate of Rs.41,030/- per Are. The reference court on evaluating the evidence enhanced the same to Rs. 1,00,000/- per Are. 2. Sri.Basant Balaji, learned senior Government Pleader would assail the findings of the learned Subordinate Judge on the various grounds raised in the memorandum of appeal. But, we are of the view that it is more or less the correct market value of the property which had been arrived at by the learned Subordinate Judge and that his findings are supported by the evidence on record. The two main items of evidence on the side of the claimant are Exts.A1 and A2. Both these documents were L.A.A..No.478/2009 2 executed in favour of the Catholic Religious Institutions two years and three years respectively prior to Section 4(1) notification. Ext.A1 executed two years prior to the notification, revealed land value of Rs.1,73,160/- per Are. Ext.A2 executed three years prior to Section 4(1) notification, revealed land value of Rs.84,459/- Per Are. Interestingly Ext.A2 itself was relied on by the land acquisition officer for determining the land value of the properties in category- A. The land acquisition officer did not become inclined to include the property in this case in category -A since the property on its own did not enjoy the road frontage. But, it became evident in the case that the property of the husband of the respondent claimant was enjoying the road frontage. It was correctly noticed that since the husband and wife are enjoying their property as a joint holding, the road frontage benefit enjoyed by the husband's property will be available to the respondent/wife's property. 3. We are of the view that, having regard to the locational importance and advantages of the property and market value revealed by Exts.A-1 and A2, the present rate of Rs.1 Lakh per L.A.A..No.478/2009 3 Are fixed by the reference court is quite reasonable. The appeal will stand dismissed . PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk