IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 LA.App..No. 1112 of 2008() -------------------------- LAR.119/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT: ---------------------- THE SPECIAL TAHSILDAR (LA) RAILWAYS, ERNAKULAM, COCHIN-16. BY GOVT. PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENTS: CLAIMANTS/2ND RESPONDENT: -------------------------------------- 1. SASEENDRAN, S/O.SREEDHARA PANICKER, THATHANATHU, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. BY ADV. SRI.P.S.SUNIL FOR R1 SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, ALONG WITH LAA 1388/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. Nos.1112 & 1388 of 2008 ---------------------------------------------- Dated 16th September, 2008. J U D G M E N T Kurian Joseph, J. These are appeals filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam, in LAR Nos.119 and 301 of 2006 respectively. The acquisition is for doubling the railway track between Ernakulam and Mulanthuruthy. The properties are situated in Thiruvankulam village. The property covered by the acquisition has been found to be pond. 2. The property covered by LAR 81/06 is in respect of the same acquisition, but Section 4(1) notification is dated 18.12.2003. There, the value of the dry land has been fixed at Rs.54,523/- per Are and 40% of the said value has been fixed as the value for the pond portion. Thus, in respect of the acquisition pursuant to notification dated 18.12.2003, the value for the pond is Rs.21,810/- per Are. In LAR 81/06, dry land portion is included in category No.1, lying on the side of a tarred Panchayat road. The Land Acquisition Officer fixed the land value at Rs.35,050/- per Are on the basis of a document executed on 28.4.2003. That LAA Nos.1112 & 1388/08 2 document is item No.9 in the basic valuation report. Going by the unchallenged evidence of the Advocate Commissioner, it was found that the acquired property therein is situated 1 Km. away from the Thiruvamkulam junction and several important institutions are there within a radius of 1 km. Taking note of the fact that the basic document is executed on 28.4.2003 and that the notification is dated 18.12.2003, and also the importance of the locality, 40% enhancement to the value covered by the basic document was granted and the value was fixed at Rs.54,523/- per Are. It is also to be seen that even going by the description in the basic valuation report, the said property was lying 50 meters away from the tarred Panchayat road. Referring to the fixation of land value at Rs.21,810/- per Are in LAR 81/06 and also taking note of the fact that the pond in that case was lying on the side of the road, in LAR 119/06, 30% value was deducted, in view of the location of the acquired property interior and on the side of the railway track, and thus the value was fixed at Rs.15,267/- per Are. In LAR 301/06 also, the pond is situated interior and on the side of the railway track, but the acquisition is pursuant to the LAA Nos.1112 & 1388/08 3 notification dated 16.12.2004 and therefore, 15% enhancement of the value fixed in LAR 119/06 was granted. We find that the fixation thus made by the reference court is just and proper. The appeals are accordingly dismissed. The stay petitions in the appeals are also dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. Nos.1112 & 1388 of 2008 ---------------------------------------------- J U D G M E N T Dated 16th September, 2008.