IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 LA.App..No. 456 of 2010(D) -------------------------- LAR.205/2001 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT IN LAR ------------------------------- THE REVENUE DIVISIONAL OFFICER & LAND ACQUISITION OFFICER, KOZHIKODE. BY GOVERNMENT PLEADER SMT. R.BINDU RESPONDENT(S): CLAIMANT IN LAR ------------------------------ AMMU AMMA, W/O.LATE NARAYANAN NAIR, SATHEERTHANA, PARAMBATH ROAD, P.O.EDAKKAD. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 456 of 2010 ----------------------------------------------- Dated this the 27th day of May, 2010 J U D G M E N T Pius C.Kuriakose, J. Even though attractive grounds have been raised in the memorandum of appeal and Smt.R. Bindu, learned Govt. Pleader addressed arguments on the basis of all those grounds, we don't find justification for interfering with the impugned judgment. The property was in Kacheri Village within the limits of the Calicut City Corporation. Acquisition was pursuant to Section 4(1) notification published on 16-1-1999. L.A. Officer awarded land value at the rate of Rs.35,857/- per Are. Reference Court evaluating the evidence which consisted of Ext. A1, oral evidence of AW-1 and commission reports and plans Exts.X-1 to X-4, re-fixed the land value at Rs.1,1,150/- per Are. The learned Govt. Pleader is certainly right in saying that the re-fixation is done on the basis of the commission report and not on the basis of Ext.A1. We notice that there is no counter evidence on the side of the Government. Even otherwise we LAA. 456/10 -2- feel that the rate fixed by the court below is not excessive when it is noticed that the property was in an important area of Calicut City Corporation. The appeal is dismissed. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-