IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 LA.App..No. 1051 of 2005() -------------------------- LAR.387/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT/RESPONDENTNO.1: ----------- SPECIAL TAHSILDAR, L.A., KOZHIKODE. BY GOVERNMENT PLEADER SMT. K.R. DEEPA RESPONDENTS/CLAIMANT AND 2ND RESPONDENT: ------------- 1. SAINABI, W/O.BEERAN KOYA, VATTOLI HOUSE, P.O.KARUVASSERY. 2. SECRETARY, CALICUT CORPORATION. BY ADV. SMT.T.RESMI DAMODARAN-R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 1051 OF 2005 ---------------------------------------------------------------- Dated this the 28th day of February, 2008 JUDGMENT Kurian Joseph, J. C.M. Application No.1482 of 2005 - Delay condoned. 2. This appeal is filed by the State aggrieved by the judgment and decree in L.A.R. No.387 of 2000 on the file of the Principal Sub Court, Kozhikode. Acquisition is for the construction of a parallel road to Canoli Canal. The claimant sought to rely on Ext.A1 . But the reference court found that Ext.A1 as such cannot be relied on because the property covered by Ext.A1 had road on both sides. However, taking note of the fact that Ext.A1 was executed on 14.12.1995 and that Section 4(1) notification in the case of the acquired land is dated 5.6.1998, the reference court fixed land value for the acquired property at Rs.33,000/-per cent. It is seen that for fixation of land value as above, the reference court had taken note of the fact that the acquired property has road frontage on one side. Fixation of land value is based on evidence. Hence, we do not find L.A.A.NO.1051/2005 2 any ground for interference. The appeal is accordingly dismissed. I.A. No.3029 of 2005 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1051/2005 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO.1051/2005 JUDGMENT 28TH FEBRUARY, 2008