IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 LA.App.No.537 of 2007(D) ------------------------------ L.A.R.No.89/2000 OF II ADDL. SUB COURT, THIRUVANANTHAPURAM ....... APPELLANT/RESPONDENT IN THE LAR: ------------------------------------------- STATE OF KERALA BY MR. P.K. BABU, SR.GOVERNMENT PLEADER. RESPONDENT/CLAIMANT: ----------------------------- CELIN, THYVILAKATHU VEEDU, KARIKKAKAM MURI, KADAKAMPALLI VILLAGE, THIRUVANANTHAPURAM. BY MR.AYYAPPAN SANKAR, ADVOCATE, FOR R1. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.537 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. The Government has come up in appeal against the award of the land acquisition reference court in this case pertaining to acquisition of land in Kadakampally village for the purposes of Tourism Department at Veli. The relevant Section 4(1) notification was published on 09/02/1998. The land acquisition officer categorised the properties under acquisition into A and B. A category properties were having direct frontage or direct access to Sangumugham-Veli road or Madhavapuram- Veli road. B categories did not have such frontage. For A categories, land acquisition officer awarded land value at the rate of Rs. 27,000/- per cent. The reference court considered this case along with three other connected matters. The evidence before the reference court consisted mainly of oral testimonies of claimants as AWs 1 and 2 and Ext.A1 document. On the side of the government, there was no counter oral evidence and the evidence consisted only of Exts.R1 to R4. Ext.R4 was the basis document. Learned Subordinate Judge evaluated the evidence and rightly found that the basis document was not dependable. The claimants claimed land value at the rate of Rs. 1,00,000/- per cent on LAA.No.537/07 2 the basis of Ext.A1. The learned Subordinate Judge found that the value shown in Ext.A1 does not reveal the value of land alone. It takes value of a building situated on the property also. It is relying on the land value which was gathered from Ext.A1 and the uncontroverted testimonies of witnesses examined on the side of the claimants that the learned Subordinate Judge fixed the market value of the properties in category A at Rs. l,00,000/- per Are. Having scanned the impugned judgment, we are of the view that it is more or less the correct market value of the land at the relevant time which has been arrived at by the learned Subordinate Judge. It is noticed that this court in L.A.A.No.8/2008 arising from L.A.R.No.86/03 of the Thiruvananthapuram Sub Court fixed the market value of the land taken for the same purpose at Rs. 1,00,000/- per Are. For both these reasons, the appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE C.K..ABDUL REHIM JUDGE sv. LAA.No.537/07 2