IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 8TH OCTOBER 2007 / 16TH ASWINA 1929 LA.App..No. 496 of 2004(D) -------------------------- LAR.149/2001 of PRINCIPAL SUB COURT,NORTH PARAVUR .................... APPELLANT/RESPONDENT: ------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR RESPONDENTS/CLAIMANTS: -------------------------------- 1. P.D.VINCENT, S/O.DEVASSY, PALLIPATT HOUSE, ANGAMALY VILLAGE. 2. SALEENA, W/O.VINCENT, DO. DO. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2007, ALONG WITH LAA NO. 541 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. NOs. 496 & 541 OF 2004 ----------------------------------------- Dated this the 8th day of October, 2007. J U D G M E N T Kurian Joseph, J. These appeals are filed against the common judgment in L.A.R. Nos. 149/2001 and 150/2001 on the file of the Principal Sub Court, North Paravur. Acquisition is for the purpose of widening of National Highway at Angamaly. 2. There is no dispute that the acquired property is in the heart of the Angamaly town, with frontage to National Highway. There was a shop room also. Thus the acquired property is in a commercially important locality and a commercial plot also. 3. Section 4(1) notification is on 27.07.2000 whereas Exhibit A1 document is executed on 07.06.1999. The land value per Are is Rs. 4,08,163/-. It is not in dispute that the distance between A1 property and the acquired property is 250 metres and A1 property is situated farther from the town. It has also come out in evidence that three sides of A1 property is vacant land. It is also to be seen that Exhibit A1 is one of the basic documents of the Land Acquisition Officer himself. Still further it L.A.A. 496 & 541/04 2 has come out in evidence that the acquired property is more important than the A1 property. 4. In view of the locational importance as above, the reference court on the basis of the evidence available on record, according to us, fixed the land value with a marginal increase from that of Exhibit A1, at Rs. 4,23,420/- per Are. A1 property is situated in a less important place when compared to the acquired property and the land value therein is Rs. 4,08,163/- per Are. Therefore, the fixation of land value by the reference court in the instant case at Rs. 4,23,420/- per Are in our view is only just and proper, particularly in view of the fact that Section 4(1) notification is after 13 months of the execution of Exhibit A1 Sale Deed. Therefore, we do not find any merit in these appeals and they are accordingly dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. 496 & 541/04 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. NOs. 496 & 541 OF 2004 J U D G M E N T 08.10.2007