IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 LA.App.No.652 of 2008 ---------------------------- LAR.145/2001 of SUB COURT, KOZHIKODE .................... APPELLANTS/IST RESPONDENT: ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE. 2. THE ASSISTANT ENGINEER, PWD (BRIDGES) SECTION, CALICUT. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. RESPONDENTS/CLAIMANTS & 2ND RESPONDENT: ---------------------------------------------------------- 1. A.P.SAINABA BY ADV. SRI.THOMAS ANTONY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008, ALONG WTIH L.A.A.901/2008 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------------- L.A.A. Nos. 652, 901, 1035, 1037, 1044 & 1512 OF 2008 -------------------------------------------- Dated this the 31st day of October, 2008. J U D G M E N T Kurian Joseph, J. These appeals are filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Kozhikode. Acquisition is for the purpose of Karuvanthuruty- Chaliyam bridge. In respect of the property acquired for the very same purpose but situated in Kadalundi village, the reference court fixed the land value at the rate of Rs.23,222/- per cent. But the property covered by these cases is situated in Karuvanthuruthy village. Section 4(1) notification is dated 05.08.1996. 2. Though the claimants placed reliance on Exhibit A1 judgment, the reference court rightly found that the properties are situated in different villages. However, it has come out in evidence of the Advocate Commissioner that Exhibit A2 property is situated 15 to 20 metres away from the acquired properties. Exhibit A2 is a document executed on 19.10.1995 and the centage value is Rs.22,222/-. L.A.A. No.652/08 & conn. cases 2 The value fixed by the reference court is only at the rate of Rs.20,000/- per cent. It is stated in the judgment itself that the respondent (appellant) has not cared to tender any evidence, either oral or documentary. Since the value thus fixed by the reference court is based on the evidence adduced by the claimants and in the absence of any contra evidence, we do not find any merit in the appeals. They are accordingly dismissed. All the interlocutory applications for stay are dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp L.A.A. No.652/08 & conn. cases 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. L.A.A. Nos. 652, 901, 1035, 1037, 1044 & 1512 OF 2008 J U D G M E N T 31.10.2008