IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 LA.App.No. 1114 of 2008 ------------------------------ LAR.143/2006 of SUB COURT, ERNAKULAM .................... APPELLANT/RESPONDENT: ------------------------------- STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, ERNAKULAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR RESPONDENTS/CLAIMANT & 2ND RESPONDENT: -------------------------------------- 1. V.K.RAGHAVAN, VYSHAK, KANADANAD P.O., ERNAKULAM. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. BY ADV. SRI.M.C.CHERIAN, SR.SC., RAILWAYS FOR R2 SRI. P.M. JOSHI FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008 ALONG WITH LAA No. 1292 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------------- L.A.A. Nos. 1114 & 1292 OF 2008 -------------------------------------------- Dated this the 22nd day of September, 2008. J U D G M E N T Kurian Joseph, J. These appeals are filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam. Acquisition is for doubling the railway line between Ernakulam and Mulanthuruthy. 2. It is seen that the reference court has placed reliance on the land value which has become final in L.A.R.Nos.48 and 94 of 2006. It is also seen that the appellant and the requisitioning authority did not have any objection in relying on the judgments in those cases. Still further there is no dispute that the land value in those cases has become final. The property in respect of those cases is in category No.1 whereas the property in these cases is in category No.3. L.A.A. Nos. 1114 & 1292/08 2 It is seen that the reference court has reduced 25% of the value from that of category No.1 for fixing the land value in these cases since the property under acquisition in these cases does not have access from the main road. The fixation thus made by the reference court being partly on the basis of the unobjected reliance on the judgments in L.A.R.Nos.48 and 94 of 2006 and since proportionate reduction has been made by the reference court in view of the disadvantage when compared to the property of the relied on judgments, we are of the view that the method adopted by the reference court is correct and fixation of land value is just and proper. Thus there is no merit in the appeals. They are accordingly dismissed. All interlocutory applications for stay are dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp L.A.A. Nos. 1114 & 1292/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. L.A.A. Nos. 1114 & 1292 OF 2008 J U D G M E N T 22.09.2008