IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 LA.App..No. 1103 of 2002(A) ---------------------------------- LAR.344/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): RESPONDENT: ----------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI. BENNY VARGHESE. RESPONDENT(S): CLAIMANT: ---------------------------------- MATHAI MATHEW, NELPURAKKAL, KARUVATTA NORTH. ADDL. R2: THRESIAMMA MATHEW, NELPURAKKAL, KARUVATTA. ADDL.R3: MATHEW MATHAI, NELPURAKKAL, KARUVATTA. ADDL.R4: AMMINI MATHEW, W/O RAJU, KURIANTE AYYATHU, OMALLOOR P.O. PATHANAMTHITTA. ADDL.R5: ANTONY MATHEW, NELPURAKKAL KARUVATTA. ADDL.R6: JOSEPH MATHEW, NELPURAKKAL, KARUVATTA. ADDL.R7: MERCY MATHEW, W/O VARGHESE MATHAI, NALLOOR HOUSE, MULLIKULANGARA, MAVELIKKARA. ADDL.R2 TO R7 ARE IMPLEADED AS LEGAL HEIRS OF DECEASED FIRST RESPONDENT AS PER ORDER IN I.A.338/06 DATED 13.1.2009. SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS FOR ADDL.R2&3 DR.P.S.KRISHNA PILLAI FOR ADDL.R.5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 1103 OF 2002 = = = = = = = = = = = = = = = Dated this the 13th day of January, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Mavelikkara in LAR 344/93. An extent of 2.15 Ares split up as 0.35 Ares of dry land and 1.80 Ares of wet land owned by the claimant therein was acquired for the purpose of railways. The Land Acquisition Officer fixed the compensation for the dry land at Rs.6,300/- and for the wet land at Rs.989/- per Are and thereafter moved an application for reference. The Land Acquisition Court enhanced the value for the dry land at the rate of Rs.16,757/- per Are and for the wet land Rs.4,189/- per Are. It is against that decision the Government have come up in appeal. The reasonings given by the Land Acquisition Court is that in LAR 324/91 under the Railway Notification an amount of Rs.5,253/- per Are was awarded and the Court refixed the land value at Rs.16,757/- per Are. It was attempted to be explained by stating that it is L.A.A. 1103 OF 2002 -2- of no such importance but the witnesses AW1 and 2 would depose that the land is more important and value for the reason that the same is nearer to a junction and a village office. It also found that the land value awarded in this case by the acquisition officer itself is Rs.6,300 when compared to Rs.5,253/- awarded in the earlier case. That itself would show that this area is important and that is why a higher compensation is awarded per Are. So taking stock of the situation the Land Acquisition Court fixed the amount at Rs.16,757/-. It is only on the basis of materials and proper reasonings and it does not call for any interference. For the wet land the principle applied was to value the wet land at 25% of the value of the dry land. When it is done the rate will come to Rs.4,189/-. By any stretch of imagination this also cannot be said to be an excessive compensation. Therefore I do not find any ground to interfere with the decision rendered by the Land Acquisition Court. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/- L.A.A. 1103 OF 2002 -3- M.N. KRISHNAN, J. = = = = = = = = = = L.A.A. NO. 1103 OF 2002 = = = = = = = = = = = J U D G M E N T 13th January, 2009.