IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 LA.App..No. 703 of 2008() ------------------------- LAR.18/2000 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S): -------------- 1. STATE OF KERALA 2. THE EXECUTIVE ENGINEER,PWD ROAD DIVISION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN RESPONDENT(S): --------------- 1. RAJAMMA,D/O.SANKARI,ASOKA LAND,KOVOOR DESOM,CHEMMARUTHI VILLAGE,PALAYAM KUNNU. 2. GOPALAKRISHNAN,S/O.NARAYANAN, CHAVARAZHIKATHU VEEDU,CHEMMARUTHI VILLAGE, PALAYAM KUNNU. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ LAA. No. 703 of 2008 ------------------------------------------- Dated this the 26th day of March, 2010 J U D G M E N T Pius C. Kuriakose, J. This appeal by the Government pertains to acquisition of land in Chemmaruthi Village for the purpose of construction of a bridge across the Kallada River (at Pallana) The relevant Section 4(1) notification was published on 1-1- 1998. The land acquisition officer relying on the basis document fixed value at Rs.10455/- per cent. The court below on the basis of the evidence rightly found that it was ot safe to rely on basis document. The court below found that A2 andA3 documents produced by claimants reflected a land value of Rs.30,000/- some three years prior to the Section 4(1) notification. However, the court below did not become inclined to grant the said rate to the property under acquisition. It was for the obvious reason that those properties were superior properties. We feel that the - 2 - approach of the court below was reasonable in fixing Rs.20,000/- per Are. We do not find warrant for interference. The appeal is dismissed. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-