IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 LA.App..No. 1678 of 2007(D) --------------------------- LAR.21/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT: 1ST RESPONDENT IN LAR -------------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. BY GOVERNMENT PLEADER SRI. K.J. MOHAMED ANZAR RESPONDENTS: CLAIMANT & 2ND RESPONDENT IN LAR --------------------------------------------- 1. MAKKUNNATH RAMESHAN, THROUGH POWER OF ATTORNEY HOLDER T.K.NARAYANAN, KAPPITHAN HOUSE, BRENNEN COLLEGE ROAD, DHARMADAM, PIN-670 106. 2. THE MANAGING DIRECTOR, 'KINFRA', THIRUVANANTHAPURAM. BY ADV. SRI.M.SASINDRAN FOR R1 SRI.G.S.REGHUNATH FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 1678 OF 2007 & C.M. APPLICATION NO. 2038 OF 2007 ---------------------------------------------------------------- Dated this the 7th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. C.M. Application No.2038 of 2007 is an application to condone the delay of 754 days in filing the appeal. The appeal is directed against the judgment and decree dated 30.9.2004 in L.A.R. No.21 of 2001 on the file of the Additional Sub Court, Thalassery. State of Kerala is the appellant. 2. The extent of land acquired is 11.94 Ares in Erhanholi Village. Acquisition is for the purpose of setting up Industrial Infrastructure Development Centre. Section 4(1) notification is dated 13.4.1998. The Land Acquisition Officer awarded land value at the rate of Rs.10,16,712/- per hectare classifying the acquired land as garden land. Dissatisfied with the fixation of land value, the claimant approached the court below. 3. According to the claimant, the acquired land is facing Thalassery- Coorg road and that Eranholi Chungam bazar is only about 50 feet from the acquired land. The claimant also pointed out that many public and private institutions are situated in the vicinity of the acquired land. The L.A.A.NO.1678/2007 2 respondents filed a counter statement before the court below denying the averments in the statement filed by the claimant and contended that the valuation made by the Land Acquisition Officer is reasonable. 4. To prove his claim, the claimant examined AWs.1 and 2 and produced Exts.A1 and A2. Ext.X1 is the report submitted by the Advocate Commissioner. The Land Acquisition Officer fixed land value at Rs.4,100/- per cent as against a claim of Rs.40,000/- per cent. The evidence let in by the claimant shows that the acquired land abuts Thalassery-Kuthuparamba State Highway and it is in the suburbs of Thalassery town. The case of the claimant is supported by Ext.X1 report submitted by the Commissioner. The Commissioner reported that the acquired land is abutting Thalassery-Kuthuparamba State Highway and that it is near to Eranholi Chungam bazar. The locational importance of the property is also reported in Ext.X1. On the basis of the evidence on record, the reference court found that the land value fixed by the Land Acquisition Officer is inadequate and refixed the land value at Rs.8,000/- per cent. Int the facts and circumstances of the case, we are of the view that the refixation of land value by the reference court is just and proper and is for valid reasons. L.A.A.NO.1678/2007 3 The appeal is hence devoid of merits. C.M. Application No.2038 of 2007 and I.A. No.4374 of 2007 are, therefore, dismissed. The appeal is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1678/2007 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1678/2007 JUDGMENT 7th August, 2008 L.A.A.NO.1678/2007 5