IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 RP.No. 217 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN LAA.721/2005 .................... REVIEW PETITIONER(S): APPELANTS IN L.A.A. ----------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), N.H.I, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, KOZHIKODE. BY SR. GOVERNMENT PLEADER SRI.P.K. BABU. RESPONDENT(S): RESPONDENT IN L.A.A./CLAIMANT ------------------------------------------------------------- C.P.SUBHASHKUMAR, S/O.KAMALAKSHY AMMA, KUNNENGERIMEETHAL HOUSE, POOSARIKKAVU, CHEVAYUR. BY ADV. SRI. P.V.KUNHIKRISHNAN. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN & K.T. SANKARAN, JJ. = = = = = = = = = = = = = = R.P. No. 217 OF 2010 IN L.A.A. No. 721 OF 2005 = = = = = = = = = = = = = = = Dated this the 20th day of October, 2010. O R D E R Krishnan, J. This review petition is preferred to review the judgment in L.A.A.721/05. The said appeal was preferred against the award of the Subordinate Judge, Kozhikode in L.A.R.245/00. The Division Bench of this Court jointly disposed of the matters taking into consideration the award passed in L.A.R.479/97 which was the subject matter of appeal in L.A.A.774/06. Now it is contended that the said judgment has been recalled and therefore the matter requires review. 2. A perusal of the award appealed against would show that 0.0180 hectares of garden land R.P. No. 217 OF 2010 IN L.A.A. No. 721 OF 2005 -:2:- and 0.022 hectares of wet land in Sy.No.76/9 of Nellikode village had been acquired and the Court had fixed the land value at Rs.63,500/- for garden land and Rs.59,850/- for the wet land. A perusal of the award passed by the Land Acquisition Court would reveal that it not only relied upon the judgment in L.A.R.491/77 but also relied upon the judgment in L.A.R.168/00. It can be stated that the land value of the property was fixed after taking into consideration the various materials. Ext.A3 therein is a certified copy of the judgment in L.A.R.168/00. Ext.A3 is relied upon and it is stated in that case that the property covered is situated about one km. away from the acquired property and it is a water logged area lying in a lower level. The notification with respect to R.P. No. 217 OF 2010 IN L.A.A. No. 721 OF 2005 -:3:- the land acquired in the above said reference is in the year 1998. It is true that the Court has also mentioned about the judgment in L.A.R.479/97. So after taking into consideration the materials the Court felt hat 5% enhancement has to be given as acquisition in L.A.R.479/97 was as early as in the year 1993 and accordingly the land value has been fixed. A perusal of the entire award would reveal the nature of the land, fertility of the land etc. It is very clearly stated the entire properties are adjacent lands situated within a distance of 200 mtrs. from Thondayad Bazar. It is also stated that number of business establishments and governmental educational institutions and residential complexes are situated in that property. So only taking into consideration the R.P. No. 217 OF 2010 IN L.A.A. No. 721 OF 2005 -:4:- totality of the materials the Land Acquisition Court has fixed the land value. Therefore just because there is a reduction by this Court in L.A.A.774/06 it will not militate against the award passed by the Land Acquisition Court. Therefore this review petition is dismissed. M.N. KRISHNAN, JUDGE. K.T. SANKARAN, JUDGE. ul/-