IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 LA.App..No. 1103 of 2007() -------------------------- LAR.237/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): RESPONDENT A: --------------------------- STATE OF KERALA REP.BY THE DISTRICT COLLECTOR, ALAPPUZHA. BY SR. GOVERNMENT PLEADER MR.BENNY VARGHESE RESPONDENT(S): CLAIMANT AND RESPONDENT B : -------------------------- 1. N.VASUDEVAN NAIR, ATHALAKANDATHIL HOUSE, VALIYAKUZHY MURI, CHEPPAD VILLAGE. 2. THE EXECUTIVE ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM. R2 BY ADV. MR.M.C.CHERIAN,SR.SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.2826/2007 IN LAA. NO.1103/2007 DISMISSED 04.11.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... L.A.A.No.1103 OF 2007 ............................................. Dated this the 4th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Land Acquistion Court, Alappuzha in LAR.No.237/2002. 0.24 Ares of property in Survey No.123/40 of Cheppad village was acquired for the purpose of formation of Alappuzha- Kayamkulam broadguage railway line. The Land Acquisition Officer fixed the land value at Rs.5,129/= per Are. The claimant relied upon Ext.A1 judgment rendered in LAR.No.392/1991.The land Acquisition Court had elaborately considered that point and held that the land value given by the Land Acquisition Officer itself is different in both the cases and that the property dealt with in LAR.No.392/1991 is situated at a distance of about 200 metres from Haripad bus stand, where the property acquired in this case is situated 1 ½ km away from the bus stand. It was also discussed that it is far away from educational institutions. From all these grounds, the Land Acquisition Court refused to accept the land value fixed in LAR 392/1991 to the : 2 : L.A.A.No.1103 OF 2007 properties acquired in this case. But, as no other material was available, it applied a guess work and enhanced it by 50% of the land value under Ext.A1 judgment. I feel, it stands to reasons and it cannot be said to be on higher side. So, the Land Acquisition Court fixed the land value at Rs.14,449.50 which has resulted in enhancement by Rs.9,320/= per Are. I do not find any ground to interfere with the decision and also considering the fact that the acquired area is a very negligible extent. I also make it clear that it shall not be treated as a precedent in other cases. The appeal is dismissed accordingly. M.N. KRISHNAN, JUDGE cl