IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 LA.App..No. 711 of 2003() ------------------------- LAR.25/1999 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): 2ND RESPONDENT IN LAR.25/99: ------------------------------------------ THE SECRETARY, THRISSUR CORPORATION, THRISSUR. BY ADV. SRI.K.P.VIJAYAN SMT.P.F.ROSY SMT.C.B.SUMA DEVI SRI.SURESH SAMUEL SRI.V.M.SYAM KUMAR RESPONDENT(S): CLAIMANTS & 1ST RESPONDENT IN LAR.25/99: ------------------------------------------------------- 1. C.J. MATHEW, S/O. CHETTUPUZHAKKARAN JOSEPH, MISSION QUARTERS, THRISSUR-1. 2. BABY. C.P., S/O. CHETTUPUZHAKKARAN PAUL, MISSION QUARTERS, THRISSUR-1. 3. THE SPECIAL TAHSILDAR (LA), THRISSUR CORPORATION, THRISSUR. ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1, R2 SRI.P.B.KRISHNAN FOR R1, R2 SR. GOVERNMENT PLEADER SRI.P.K.BABU FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------ LAA. No. 711 of 2003 ----------------------------------------------- Dated this the 30th day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. This is an appeal by the Thrissur Corporation, the requisitioning authority. The acquisition was pursuant to a Section 4(1) notification published on 1-3-1994. The acquisition was for the purpose of widening of Chembottil Lane, near to the Swaraj Round which is the most important commercial and cultural thorough fare within the area of the Thrissur Corporation. The L.A. Officer awarded land value at the rate of Rs.90,402/- per Are corresponding to Rs.36,585/- per cent. The reference court under the impugned judgment, evaluating the evidence which came on record, which consisted of Exts.A1 and A2 and oral evidence of Aws. 1 to 3, would re-fix the land value at Rs.1 lakh per cent. 2. We have heard the submissions of Mr.Lallulal LAA. N0. 711/03 -2- representing Mr.K.B.Mohandas, counsel for the appellant. We have also heard the submissions of Sri.S.V.Balakrishna Iyer, counsel for the claimant respondent. We have heard the senior Govt. Pleader Mr.Basant Balaji. Our attention is drawn by Mr.Balakrishna Iyer to the judgment of this Court in LAA. No. 524 of 2006 which was in respect of acquisition for the purpose of widening of Pattalam Road and for the construction of a Shopping Centre on the Pattalam Road. In LAA. 524 of 2006 the acquisition was pursuant to notification dated 13-6-1996. In that case the L.A. Officer had awarded land value at the rate of Rs.1,45,400/- per Are corresponding to Rs.58,8425 per cent. Under the judgment in that appeal this court re-fixed the value of land at Rs.1,97,600/- per cent. This re-fixation was done on the basis of a finding entered therein that the value of the properties at points nearer to the Swaraj Round within the area of Thrissur Corporation is the highest and value of LAA. N0. 711/03 -3- properties at Post Office Road is lesser and that value of properties at points on the Pattalam Road is still lesser. As already indicated, it is value of properties on Pattalam Road which is fixed at Rs.1,97,600/- as on 13-5-1996, the date of Section 4(1) notification in that case. Having regard to the various findings entered in that judgment, we are of the view that the impugned judgment fixing the market value of the land on Chembottil Lane two years earlier at Rs.1 lakh only is only to be approved. LAA. No. 711 of 2003 will accordingly stand dismissed. No costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/- LAA. N0. 711/03 -4- PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. LAA. No. 711 of 2003 J U D G M E N T 30th September, 2009