IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 LA.App..No. 175 of 2008() ------------------------- LAR.69/2003 of SUB COURT, CHERTHALA .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), INDUSTRIAL GROWTH CENTRE, CHERTHALA. BY GOVERNMENT PLEADER SMT.K.R.DEEPA RESPONDENTS: CLAIMANTS/2ND RESPONDENT ------------------------------------- 1. BHANUMATHIAMMA, SAVITHRIKUTTYAMMA, KANAKAMANGALATHU, PALLIPURAM. 2. THE SECRETARY, CARD BANK LTD., 327, CHERTHALA. 3. THE MANAGING DIRECTOR, KSIDC, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.175 of 2008 ---------------------------------------------- Dated 4th February, 2008. J U D G M E N T Kurian Joseph, J. This appeal is directed against the judgment and decree in LAR 69/03 on the file of the Sub Court, Cherthala. The acquisition is for Industrial Growth Centre, Pallippuram. Section 4 (1) notification was published on 24.1.1997. It is seen that the reference court has placed reliance on Ext.A1 document, which is a sale deed executed on 23.12.1997. True it is a post-notification document. The reference court also found that Ext.A1 as such cannot be relied upon since the property was purchased by the institution for the beneficial enjoyment of the balance property. However, it was found that fixation of land value on the basis of the basic document cannot be justified. In view of the undisputed locational importance and the potential for development, the court ultimately found that it will be profitable to refer to Ext.A1 for fixation of land value of the acquired property. Accordingly, the land value was refixed at Rs.11,000/- per cent, granting an enhancement of around 100%. In view of the locational advantage of the property and the potential for development, we LAA NO.175/08 2 are of the view that the fixation thus made by the court is just and proper. There is no merit in the appeal. It is accordingly dismissed. I.A.No.337/08 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs