IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 LA.App..No. 1034 of 2008() -------------------------- LAR.241/2004 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: RESPONDENT ------------------------ STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR K.J. RESPONDENTS: CLAIMANT -------------------------- JOODI, D/O.DELBI, T.C.47/1214, NEW TC.69/1990, POONTHURA. BY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ L.A.A. No.1034 of 2008 ------------------------------------------- Dated this the 1st day of July 2008 JUDGMENT Kurian Joseph,J This appeal is filed against the judgment and decree in L.A.R. No. 241/2004 on the file of the IInd Additional Sub court, Trivandrum. The acquisition is for the purpose of construction of Moonnattumukku bridge and approach road. The Land Acquisition Officer fixed the land value at Rs. 42,538/- per Are. The reference court fixed the land value at Rs. 1,72,900/- per Are. The extent involved in acquisition is only 11 Sq. meters. Section 4(1) notification in the instant case is dated 16.2.2001. It is seen that the reference court relied on Ext.A1 sale deed executed in the year 1999. In Ext.A1 sale deed the value shown is Rs. 1,72,900/- per Are. Though Ext.A1 document is executed 2 years prior to the notification the reference court granted only the said value. It was found that the property covered by Ext.A1 sale deed is situated 100 meters north of the acquired property and the properties are similar and similarly situated. It was also found that the property under acquisition is having road frontage. As far as the value of structures is concerned, the same is fixed based on report of the expert engineer . In the absence of any contra evidence, it cannot be said that the fixation of land value by the reference court is in L.A.A No. 1034 of 2008 -2- any way unjust or unreasonable. All that apart, it is seen that the the total enhancement comes to Rs. 76,624/- only. For all the above reasons this appeal is dismissed. I.A. No. 2351 of 2008 is also dismissed KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es