IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 LA.App..No. 1386 of 2009 (B) ---------------------------------- LAR.76/2003 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): 3RD ADDL. RESPONDENT --------------------------------------------- THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, T.C. DIVISION, THRISSUR. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB GOVT. PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAINANT AND RESPONDENTS 1 AND 2 ----------------------------------------------------------------- 1. C.P. RAPHAEL, POWER OF ATTORNEY HOLDER OF SMT. REETHA, CHITTILAPPILLY HOUSE, P.O. THOLUR, VIA PARAPPUR, THRISSUR DISTRICT. 2. THE SPECIAL DEPUTY COLLECTOR (LA), K.S.E.B, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THRISSUR. ADV. SRI.M.K.DILEEP KUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2010, A/W LAA.1388/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.1386 & 1388 of 2009 ------------------------------------------------ Dated this the 14th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The Requisitioning Authority is in appeal. The case pertains to acquisition of land in Tholoor village of Thrissur district for the purposes of construction of 33 KV sub-station at Parappur. The land was dry land. The acquisition was pursuant to Section 4(1) notification published on 15/02/2000. The Land Acquisition Officer fixed land value at the rate of Rs.10,588/- per Are. This was done on the basis of the basis document. Before the Reference Court, the evidence consisted of Exts.A1 to A3, the oral evidence of AWs.1 and 2 L. A. A. Nos.1386 & 1388 of 2009 -2- on the side of the claimants. AW2 was an Advocate Commissioner who submitted Ext.X1 report. The solitary items of counter evidence on the side of the Government and the Requisitioning Authority was Ext.R1 certified copy of the basis document. Even though the Advocate Commissioner in Ext.X1 had recommended for award of much higher value, the learned Subordinate Judge did not become inclined to accept such re-commendations. What the learned Judge ultimately did was to rely on Ext.R1 basis document itself noticing that there was passage of two and a half years after Ext.R1 till date of promulgation of Section 4(1) notification and re- L. A. A. Nos.1386 & 1388 of 2009 -3- fix the value at Rs.14,353.30/- per Are, thus awarding an enhancement of roughly 23% over what was awarded. 2. Several attractive grounds have been raised in this appeal by the Requisitioning Authority and the learned Standing Counsel for the Requisitioning Authority has addressed very strenuous and persuasive arguments based on those grounds. The learned counsel submitted that what the court below has done is to give additions at the rate of 10% per year for passage of time between the date of Ext.R1 and date of Section 4(1) notification. According to the learned Judge, Tholoor village was a rural area and L. A. A. Nos.1386 & 1388 of 2009 -4- additions per year at that rate is not at all justified. The persuasiveness of the submission of the learned counsel notwithstanding having scanned the impugned judgment we find that neither the appellant nor the Government can have any legitimate grievance about the impugned judgment. Significantly neither the appellant nor the Government adduced even formal oral counter evidence to the evidence adduced on the side of the claimants. We are sure that the rate of Rs.14,353.30/- per Are presently fixed under the impugned judgment is not more than the market value of the property at the relevant time. Giving liberty to the appellant to L. A. A. Nos.1386 & 1388 of 2009 -5- resist the appeals, if any, preferred by the claimants on the various grounds raised in this appeal, we dismiss these appeals in limine. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-