IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 LA.App..No. 1019 of 2008(D) --------------------------- LAR.81/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT NO.1 -------------------------- THE SPECIAL TAHSILDAR(LA), RAILWAYS, ERNAKULAM. BY GOVT. PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENTS: CLAIMANT AND 2ND RESPONDENT ---------------------------------------- 1. SRI. SUKUMARAN, S/O KAMALAKSHI AMMA, KUNDOOR(POTHIYIL), THIRUVAMKULAM P.O. 2. THE DEPUTY CHIEF ENGINEER, SOUTHERN RAILWAYS, ERNAKULAM. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No. 1019 of 2008 ---------------------------------------------- Dated 16th September, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam, in LAR 81/2006. The acquisition is for the purpose of doubling of railway track. Section 4(1) notification is dated 18.12.2003. The extent is 2.40 Ares of property in group (1) dry land and 5.95 Ares of property in group (4) pond. The value of the dry land has been fixed at Rs.54,523/- per Are and 40% of the said value has been fixed as the value for the pond portion. Thus, in respect of the acquisition pursuant to notification dated 18.12.2003, the value for the pond is Rs.21,810/- per Are. The dry land portion is included in category No.1, lying on the side of a tarred Panchayat road. The Land Acquisition Officer fixed the land value at Rs.35,050/- per Are on the basis of a document executed on 28.4.2003. That document is item No.9 in the basic valuation report. Going by the unchallenged evidence of the Advocate Commissioner, it was found that the acquired property therein is situated 1 Km. away from the Thiruvamkulam junction and several important institutions are there within a radius of 1 km. It is also to be seen that even going by the description in the LAA NO.1019/08 2 basic valuation report, the said property was lying 50 meters away from the tarred Panchayat road. Taking note of the fact that the basic document is executed on 28.4.2003 and that the notification is dated 18.12.2003, and also the importance of the locality, 40% enhancement to the value covered by the basic document was granted and the value was fixed at Rs.54,523/- per Are. From the evidence available on record, we find that the fixation thus made by the reference court is just, reasonable and proper. There is no merit in the appeal. It is accordingly dismissed. I.A.No. 2336/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No. 1019 of 2008 ---------------------------------------------- J U D G M E N T Dated 16th September, 2008.