IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 LA.App..No. 369 of 2010 (B) ------------------------------- LAR.48/2005 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT 1 IN LAR: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT 1-3 & 2ND RESPONDENT IN LAR: --------------------------------------------------------------------- 1. BIJU JACOB, AGED 45 YEARS, RESIDING AT SANTHA BHAVAN, KALANJOOR, KUDALLORE P.O., PATHANAMTHITTA. 2. ASOK K.ALEXANDER, AGED 39 YEARS, RESIDING AT T C 11/1571, NANTHANCODE, THIRUVANANTHAPURAM. 3. ALEXANDER P.JACOB, AGED 42 YEARS, RESIDING AT KRIPA, BELHAVEN GARDENS, NANTHANCODE, THIRUVANANTHAPURAM. 4. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.369 of 2010 ------------------------------------------------ Dated this the 18th day of May, 2010 JUDGMENT Pius C. Kuriakose, J Even though Smt.Latha T. Thankappan, the learned Senior Government Pleader addressed us strenuously on the basis of the various grounds raised in the appeal, having gone through the impugned judgment we do not find any warrant for interference. The property under acquisition was in Pettah village and the acquisition was for the purpose of widening of Bakery Palayam - Airport Road. This means that the property was already enjoying frontage of the road. The acquisition was pursuant to Section 4(1) L. A. A. No.369 of 2010 -2- notification dt.20.02.2004. The Land Acquisition Officer awarded land value at the rate of Rs.1,46,819/- per Are. The evidence on the side of the claimant consisted of claimant's oral evidence as AW1 and Ext.A1 common judgment in a connected matter. There was no counter oral evidence on the side of the Government. The learned Subordinate Judge on appreciating the evidence came to the conclusion that the correct market value of the property is Rs.3 lakh per Are. Having kept in mind decisions taken by this Court in other cases pertaining to acquisition of land in Pettah village more or less at the same time, we are of the view that the market value fixed by the learned Subordinate Judge under the impugned judgment is not excessive. L. A. A. No.369 of 2010 -3- Appeal is dismissed in limine. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-