IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 LA.App..No. 1020 of 2008(D) --------------------------- LAR.268/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT. ---------------------- THE SPECIAL TAHSILDAR (LA), RAILWAYS, ERNAKULAM, COCHIN - 16. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J. RESPONDENTS: CLAIMANTS/2ND RESPONDENT. -------------------------------------- 1. V.C.PARAMESWARAN, VELIKKAKATHUA VEEDU, PUNNURUNNI, POONITHURA, ERNAKULAM. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. BY M.C.CHERIAN, SC. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, ALONG WITH LAA NO. 1190 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.Nos.1020, 1178, 1190 and 1360 of 2008 ----------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Kurian Joseph,J. State is aggrieved by the fixation of land value. Acquisition is for the purpose of doubling of railway line between Ernakulam and Mulanthuruthy. The property is situated in Poonithura Village. It is seen from the judgment that the parties agreed before the reference court that the judgment in L.A.R.No.275/2006 could be looked into for the purpose of fixation of the market value. L.A.R.No.275/2006 pertains to properties coming under categories 3, 4 and 7 and the property acquired in these cases are covered by the very same notification. The Land Acquisition Officer fixed land value at Rs.1,70,901/- for category 3 and Rs.1,62,356/- for category 4. L.A.R.No.259/2006 and L.A.R.No.274/2006 admittedly belonged to category 3. The property acquired in L.A.R.No.275/2006 is situated 2 kms. away from Vyttila junction and that is not factually disputed also. However, as far as property in L.A.R.No.268/2006 is concerned, it is situated at a distance of 30 metres away from the NH by-pass and therefore, the reference court rightly found that such a property which lies close to the by-pass cannot be equated for fixing the land value L.A.A.Nos.1020, 1178, 1190 and 1360 of 2008 -:2:- with a property situated 2 kms. away from the Vyttila junction. The property in L.A.R.No.268/2006 is situated on the eastern side and the property in L.A.R.No.259/2006 is situated on the western side. The distance in between is only 300 metres. Thus the reference court took note of the locational advantage and importance of the property after entering a finding that the acquired properties are situated within 300 metres from the NH by-pass, however with different accesses. Taking note of the special advantages of nearness to the by-pass as appearing in the report of the Advocate Commissioner, an enhancement to the tune of 25% over and above the land value fixed in categories 3 and 4 properties in L.A.R.No.275/2006 was awarded. It is also not in dispute that the acquired property is situated in Cochin city. The reference court also took note of the fact that the Land Acquisition Officer had fixed the land value for category 3 property by giving 5% reduction from the value given to category 2 and 5% reduction from the value given to category 4 for the purpose of fixing land value of category 5. We find that the reference court has accepted and followed the very same principle in fixing the land value in respect of the other categories. 3. The reference court thus having fixed the land value on the basis of the undisputed factual situation regarding the locational L.A.A.Nos.1020, 1178, 1190 and 1360 of 2008 -:3:- advantages and importance of the locality and such fixation being also based on the reference and reliance on the property acquired in L.A.R.No.275/2006, we do not find any ground to interfere. The fixation of land value is on following the sound principles adopted by the Land Acquisition Officer himself and based on the judgment in L.A.R.No.275/2006 for which the parties had no objection also. Therefore, we do not find any merit in these appeals. They are accordingly dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.Nos.1020, 1178, 1190 and 1360 of 2008 ---------------------------- JUDGMENT 18th September, 2008