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 2ND JULY 2010 / 11TH ASHADHA 1932 LA.App..No. 968 of 2001() ------------------------------------- LAR.44/1998 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT/RESPONDENT/IIND CLAIMANT: ----------------------------------------------------------------- 1. STATE OF KERALA. 2. EXECUTIVE ENGINEER, N.H. DIVISION, KOZHIKODE. BY GOVT. PLEADER SMT.R. BINDU. RESPONDENT/1ST CLAIMANT: --------------------------------------------- N. VIJAYAN, S/O.MADHAVAN, PADINHATT HOUSE, VENGERI P.O., KOZHIKODE. ADV. SRI.N.M.JAMES. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2010, ALONG WITH LAA NO. 157 OF 2002 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- LAA.Nos.968 of 2001, 157 of 2002, 1040, 1496, 1994 and 2199 of 2008 & 90 of 2009 ------------------------------- Dated this the 2nd day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. All these appeals are preferred by the Government and they pertain to acquisition of garden lands in Vengeri Village, for the purpose of construction of Kozhikode Bye-pass. For these lands, the Land Acquisition Officer awarded varying rates as survey numbers as also the relevant notification under Section 4(1) of the Land Acquisition Act of the properties were different. Under the impugned judgments, the Reference Court has fixed the land value at rates ranging between Rs.25,000/- to Rs.30,000/- per cent. 2. We had occasion to consider and decide a large number of appeals pertaining to acquisition of lands for the same purpose in Chevayoor Village, a near-by Village. (See our judgment in LAA.No.774/2006 and connected cases). Under that judgment, we fixed the market value of the wet lands at the rate LAA.No.968/2001 etc. 2 of Rs.50,000/- per cent. In fact, relying on that judgment, we have also re-fixed the value of garden lands at the rate of Rs.65,000/- per cent, in some other cases. Keeping in mind those judgments and also the importance of the property, as discernible from the various materials which were available before the learned Judges who delivered the impugned judgments, it is clear in our mind that the market value of the garden lands under acquisition in these cases, at the relevant point of time, will not be less than Rs.30,000/- per cent. Hence, we dismiss these appeals. 3. The question as to what is the correct market value of the property, at the relevant time, will be decided later, either in appeals or cross appeals preferred by the claimants. Accordingly, the above appeals are dismissed. Parties are directed to bear their respective costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. nj.