IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 LA.App..No. 1026 of 2008() -------------------------- LAR.146/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), N.H.NO.1, KAKKANAD. BY GOVERNMENT PLEADER RESPONDENTS: CLAIMANTS AND 2ND RESPONDENT ----------------------------------------- 1. MADHAVAN, P/A HOLDER AND LEGAL HEIRS OF KALYANI(DIED), CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY. 2. RAJAN, S/O.KALAYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 3. SEETHA, D/O.KALYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 4. SATHY, D/O.KALYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 5. SOMAN, S/O.KALYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 6. UNNIKRISHNAN, S/O.KALYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 7. MOHANDAS, S/O.KALYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 8. K.G.LEELA, D/O.KALYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 9. K.G.LILLY, D/O.KALYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 10. K.G.LATHA, D/O.KALYANI, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 11. K.G.LEENA, D/O.THNAKAMMA, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 12. K.G.LAILA, CHETTIPARAMBIL, ARIPADATHU, EDAPPALLY P.O. 13. THE EXECUTIVE ENGINEER, N.H.(B), DIVISION, KODUNGALLUR. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 1026 of 2008 ---------------------------------------------------------------- Dated this the 14th day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. The State of Kerala is the appellant. The appeal is directed against the judgment and decree dated 26.7.2007 in L.A.R. No.146 of 2005 on the file of the III Additional Sub Court, Ernakulam. 2. An extent of 7.75 Ares of land comprised in Survey No.26/3-18 of Edappally (N) Village was acquired for National Highway -17. Section 4(1) notification is dated 14.3.2002. The property was included in Category No.V and the Land Acquisition Officer fixed land value at Rs,.1,01,860/- per Are. The claimants filed a claim statement contending that the acquired land is situated by the side of National Highway and the market value is more than Rs.3,00,000/- per cent. The parties did not adduce any oral evidence, but Ext.A1 and Exts.R1 and R2 were marked respectively on either side. Ext.A1 is the certified copy of the common judgment in L.A.R. Nos. 130 and 169 of 2005. On a perusal of Ext.A1 judgment, the reference court noted that the property acquired in that case L.A.A.NO.1026/2008 2 is included in Category No.IV, that is dry land having frontage to metalled corporation road. The awarding officer fixed land value at Rs.1,07,220/- per Are for the property included in Category No.IV and the reference court enhanced the land value to Rs.1,56,000/- per Are. Based on Ext.A1, the reference court deducted 5% for the land included in Category No. V and fixed the land value of the acquired property at Rs.1,48,200/-. The same principle was adopted by the awarding officer for fixation of land value for different categories of land. We find that the fixation of land value by the reference court based on Ext.A1 is justified in the given circumstances and no grounds are made out to interfere with the award passed by the court below. The appeal is without any merit and it is accordingly dismissed. I.A. No.2343 of 2008 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1026/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1026/2008 JUDGMENT 14th July, 2008 L.A.A.NO.1026/2008 4