IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 LA.App..No.1184 of 2000(A) -------------------------------- LAR.26/1989 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT: --------------------------------- STATE OF KERALA BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANTS: ---------------------------------- 1. O. LAKSHMI PILLAI THANKACHI, SANKARA BHAVAN, PAIVILAKAM, K. K. DISTRICT. 2. K. SAROJINI, BABUJI HOTEL, MEDICAL COLLEGE JUNCTION, TRIVANDRUM. 3. N. UNNIKRISHNAN, KRISHNA NIVAS, MEDICAL COLLEGE JUNCTION, TRIVANDRUM. ADV. SRI.K.A.JALEEL, SC., TRIDA SRI.N.NANDAKUMARA MENON, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1184 of 2000 ------------------------------------------------ Dated this the 12th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This appeal is remaining in the defect list for quite some time. We have gone through the impugned judgment. The case pertains to acquisition of land at Ullur in a commercial area for the construction of a shopping complex. The Relevant Section 4(1) notification was published on 20/12/99. The Land Acquisition Officer awarded land value at Rs.12,177/- per Are. Under the impugned judgment, the same has been re-fixed at Rs.20,000/- per Are. We are of the view that the finding of the learned Subordinate Judge regarding the market value of the property is based on evidence which was available on record. Having regard L. A. A. No.1184 of 2000 -2- to the locational advantages and importance of the property under acquisition, we feel that it is more or less the correct market value of the property at the relevant time which has been arrived at by the learned Subordinate Judge and no useful purpose will be served from the Government's point of view by entertaining this appeal any longer. This appeal is rejected. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-