IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 LA.App..No. 1754 of 2002 & CROSS OBJECTION NO.24/2005 -------------------------- LAR.23/1994 of SUB COURT, MANJERI .................... APPELLANT: RESPONDENT: ---------------------- GOVERNMENT OF KERALA. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. RESPONDENTS: CLAIMANT: ---------------------- AVUNHIPURATHU ABOOBACKER, S/O. KUNHALAN, CHERANI P.O., KARUVAMBRAM, MANJERI-MUKTHIYAR AGENT OF POOZHIKUTHU KUNHALAN, S/O. ABDULLA. BY ADV. SRI.A.K.MADHAVAN UNNI SRI.SREELAL N.WARRIER THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2008, ALONG WITH CO NO.24 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1754 of 2002 & Cross Objection No.24 of 2005 ----------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Harun-Ul-Rashid,J. The appeal is filed by the State and the cross objection by the claimants challenging the judgment and decree in L.A.R.No.23/1994 on the file of the Sub Court, Manjeri. The extent of land acquired is 0.2000 hectares of land in Narukara Village. The property was acquired for the purpose of construction of reservoir. Section 4(1) notification was published on 9-11-1991. The Land Acquisition Officer awarded land value at the rate of Rs.1976/- per cent. 2. In support of the claim for enhancement the claimant examined AW1 and marked Exts.A1 and A2. The Commissioner's report and plan are produced and marked as Exts.X1 and X2. The respondents did not adduce either oral or documentary evidence. 3. The reference court relied on Ext.A1 sale deed of the year 1989. As per Ext.A1, 9 ¼ cents of property was sold for a L.A.A.No.1754 of 2002 -:2:- consideration of Rs.80,000/- on 23-11-1989. The reference court on evidence found that Ext.A1 property and the acquired land are situated within the limits of Manjeri Municipality and considering the location and lie of the property, the reference court is of the view that Ext.A1 document can be taken as the basic document for deciding the market value of the property in the locality. The reference court also finding that there is a small house in Ext.A1 property and considering the said advantage and direct access to that property, those advantages will be set off against the increase in the value of the property during the time gap of two years. The reference court also noted the fact that the acquired land is situated at a distance of 750 metres from Nilambur-Areacode Junction. Considering these aspects the reference court refixed the land value at Rs.9,000/- per cent. 4. The cross-objector/claimant on the basis of Ext.X1 Commission report contended before us that the fixation of land value by the reference court is not fair and reasonable. According to him the value fixed by the Commissioner shall be fixed as the land value. We find that the Commissioner inspected L.A.A.No.1754 of 2002 -:3:- the property in the year 2001, that is nearly ten years after the publication of the notification under Section 4(1). The reference court refixed the land value on the basis of the evidence adduced by the claimant himself. The document relied on for perusal was produced by the claimants. We find that the reason stated for granting enhancement by the reference court is valid and just. We find no reason to interfere with the fixation of land value by the reference court. In the result the appeal and the cross objection fail. Accordingly they are dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1754 of 2002 & Cross Objection No.24 of 2005 ---------------------------- JUDGMENT 7th March, 2008