IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 LA.App..No. 633 of 2011(C) ------------------------------ LAR.17/2008 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(S)/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOTTAYAM - 686001. 2. THE EXECUTIVE ENGINEER, KSTP, MUVATTUPUZHA - 686661. BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR RESPONDENT(S)/CLAIMANT: -------------------------------- SMT. KUNJAMMA CHERIAN, GUARDIAN OF PRINCE CHACKO CHERIAN, S/O JACOB CHERIAN, CHIRAYIL, PALLOM - 686007. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.633 of 2011 ------------------------------------------------ Dated this the 17th day of November, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of land in Nattakom village very close to the southern boundary of Kottayam Municipal Town. The acquisition was pursuant to Section 4(1) notification published on 22/01/05. The purpose of acquisition was widening of the main central road. The Land Acquisition Officer awarded land value at the rate of ` 42,074/- per Are based on a particular basis document. Under the impugned award the learned Subordinate Judge has placed reliance on the same document and given additions for the passage of time. The submission of the learned senior Government Pleader Sri.C.R.Shyamkumar was that for three years' passage of time additions at more than 45% was unjustified. There is force in the above submission of the learned senior L. A. A. No.633 of 2011 -2- Government Pleader. But we find it is not for passage of time alone that the learned Subordinate Judge has given additions. Some additions has been given for the situational importance also. Evidently the property is not situated far away from the Kottayam Municipal Town. Property was always enjoying the M.C. Road frontage. We are of the view that the additions of roughly 25% towards situational importance is not unjustified. After all, determination of land value in land acquisition cases will involve guess work and even evaluation of imponderables. We are sure that the rate presently arrived at by the learned Subordinate Judge is more or less the correct market value of the property at the relevant time. The appeal is dismissed in limine. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. To Judge L. A. A. No.633 of 2011 -3-