IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 LA.App..No. 784 of 2007(A) ------------------------------ LAR.252/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENTS ---------------------------------- 1. SPECIAL TAHSILDAR(LA), NH-1, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANT -------------------------------- C.K.RAVEENDRAN, S/O BHASKARAN, TIMBER MERCHANT, PUTHIYARA, KOZHIKODE. ADV. SRI.C.P.MOHAMMED NIAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.784 of 2007 ------------------------------------------------ Dated this the 26th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Having regard to the submissions addressed before us by Smt.P.N.Sumangala, the learned Government Pleader and Sri.C.P.Mohammed Nias, the learned counsel for the claimant and having scanned the impugned judgment, we are of the opinion that the learned Subordinate Judge was extra liberal when it came to re-fixation of the value of lands under acquisition. Ext.A1 document being three years subsequent to Section 4(1) notification could not have been relied on at all. The learned Subordinate Judge's view that the value of the property under acquisition is L. A. A. No.784 of 2007 -2- cent percent more than value of property in S.M. street, does not appear to be correct. Having re- appreciated the evidence, we feel that the market value will not be more than Rs.57,000/- per cent. Accordingly, in modification of the impugned judgment, we re-fix the value of land at Rs.57,000/- per cent. The appeal is allowed as above. The claimant will be entitled for all statutory benefits. Parties are directed to suffer their costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-