IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 LA.App..No. 2319 of 2008(D) --------------------------- LAR.84/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW. RESPONDENT(S): CLAIMANT AND 2ND RESPONDENT ------------------------------------------ 1. MANJUSHA.S.R, D/O. RAJAGOPALAN, SREE RANGAM, KULATHOOR, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, ELECTRONICS TECHNOLOGY PARK, (KERALA), KARIAVATTOM.P.O, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.NOBLE MATHEW. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.2319 of 2008 ---------------------------------------------- Dated 5th December, 2008. J U D G M E N T Kurian Joseph, J. The appeal is filed aggrieved by the fixation of land value made by the reference court - Sub Court, Thiruvananthapuram. The acquisition is for Electronic Technopark, Thiruvananthapuram. The Land Acquisition Officer fixed the land value at Rs.15,623/- per Are and the reference court fixed it at Rs.1,04,400/- per Are. The total extent involved is only 4.50 Ares, in Attipra village. It is seen that the fixation is made based on Exts.A1 to A5 documents and Ext.C1 commission report. As per Ext.A1 sale deed, the land value is Rs.1,48,200/- per Are. That property is situated on the southern side of a bye road originating from Thiruvananthapuram - Kovalam National Highway bye pass. It was found by the reference court that the said property is having all similarities of the property included in the 10th category. That property is shown as item No.15 in Ext.C1 plan. The land value for Ext.A2 property is Rs.60,603/- per Are and that property is situated on the western side of a thodu varambu about 250 meters away from Kulathoor road. That property is shown as item No.16 in C1. It was found by the court that the said property is also having similarity with the land LAA NO.2319/08 2 included in the 10th category. In such circumstances, the reference court took the average value of Exts.A1 and A2 and the land value was fixed at Rs.1,04,400/- per Are. In respect of other categories, the value was proportionately increased or reduced, as the case may be, in view of the advantages/disadvantages. The fixation thus being based on evidence available on record, and since such value reflects the just and proper market value of the land in survey No.201/03 of Attipra village, we do not find any ground to interfere with the fixation made by the reference court. It is also submitted that the connected appeals in respect of similar property in Attipra Village have been dismissed. Therefore, this appeal is dismissed. I.A.No.5172/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.2319 of 2008 ---------------------------------------------- J U D G M E N T Dated 5th December, 2008.