IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 LA.App..No. 601 of 2007(A) ------------------------------- LAR.204/2003 of SUB COURT, QUILANDY .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOZHIKODE. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 ----------------------------------------------------------- 1. LEELAVATHY, KUTTAMBATH HOUSE, P.O.KADALOOR, MOODADI VILLAGE. 2. BABURAJ, S/O LEELAVATHY, KUTTAMBATH HOUSE, KADALOOR, MOODADI VILLAGE. 3. VINODKUMAR, D/O LEELAVATHY,ING, JABAL ALI G-STATION, DEVA-P.B.NO.564, U.A.E. DUBAI. 4. SUMABAI, OTHAYOTH HOUSE, D/O LEELAVATHY, VILLAPPALLI P.O., VATAKARA TALUK. 5. BEENAKUMARI.E, NEETHU NILAYAM, KOTTULI P.O., KOZHIKODE TALUK. L.A.A. NO.601/07 -2- 6. THE MANAGING DIRECTOR, ROADS & BRIDGES DEVELOPMENT CORPORATION, KOCHI. ADV. SRI.P.RAMAKRISHNAN NAIR FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.601 of 2007 ------------------------------------------------ Dated this the 22nd day of October, 2009 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of land in Moodadi village of Koyilandy thaluk. The acquisition of land was for the purpose of Railway Over bridge at Nandi. The relevant section 4 (1) notification was published on 24/07/2001. Three categories of land were identified by the Land Acquisition Officer and the learned Subordinate Judge. 1) Dry lands with direct frontage of N.H.17. 2) Wetlands with direct frontage of N.H.17; and 3) dry lands not having direct frontage of N.H.17. The case on hand pertains to wetlands having frontage of L. A. A. No.601 of 2007 -2- N.H.17. The learned Subordinate Judge on an analysis of the entire evidence which came on record fixed the value of dry lands with direct frontage of N.H.17 at Rs.20,000/- and fixed the value of wetlands like the present one at Rs.18,000/-. Having gone through the impugned judgment, we are of the view that the approach of the learned subordinate Judge was quite reasonable. We also feel that it is more or less the correct value of the property at the relevant time which has been arrived at by the learned Subordinate Judge. We do not find any warrant for interference. The appeal will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN L. A. A. No.601 of 2007 -3- JUDGE kns/-