IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 LA.App..No. 311 of 2011(C) ------------------------------- LAR.36/2007 of SUB COURT, ATTINGAL .................... APPELLANT(S): RESPONDENTS ---------------------------------- 1. STATE OF KERALA,REP.BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER,PWD ROADS DIVISION,THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS ---------------------------------- 1. SAFIYA BEEVI,MULLIL VEEDU,VETTOOR ARIVALAM,CHERUNNIYUR - 695142. 2. ABDUL SHAKKEER,S/O.ABDU SALI, MULLIL VEEDU,VETTOOR,ARIVALAM,CHERUNNIYUR -695142. 3. SUDHEER,S/O.ABU SALI, MULLIL VEEDU, VETTOOR,ARIVALAM,CHERUNNIYUR-695142. 4. SALEENA,D/O.ABDU SALI,MULLIL VEEDU, VETTOOR,ARIVALAM,CHERUNNIYUR-695142. 5. SUDHEER,S/O.ABU SALI,MULLIL VEEDU, VETTOOR,ARIVALAM,CHERUNNIYUR-695142. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.311 of 2011 ------------------------------------------------ Dated this the 8th day of June, 2011 JUDGMENT Pius C. Kuriakose, J The Government in this appeal challenges the acquisition of land in Vakkom village for the purpose of construction of Onnampalam bridge pursuant to Section 4(1) notification published on 18/02/06. The Land Acquisition Officer included the properties in two categories i.e. categories 1 and 2 and awarded separate rates ` 26,579/- and ` 17,815/- per Are. The Reference Court under the impugned judgment has found that as the properties were lying contiguously and were being enjoyed as a single holding by the owners, the categorisation of the properties into two was not justified based on road frontage. We feel that the approach of the court below was justified. The court below on evaluating the evidence has re-fixed the market value at ` 1,23,500/- per Are (` 50,000/- per cent). Having L. A. A. No.311 of 2011 -2- gone through the impugned judgment, we feel that the finding entered therein regarding the market value of the land under acquisition is justified on the evidence which was adduced by the parties. Significantly to the evidence adduced by the claimants there was not even formal counter evidence from the side of the Government. Even though the grounds raised in this appeal are apparently attractive and Smt.Latha T. Thankappan, the learned senior Government Pleader addressed arguments, we are not persuaded to interfere with the impugned award. The appeal will stand dismissed in limine. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.311 of 2011 -3-