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 FEBRUARY 2008 / 18TH MAGHA 1929 LA.App..No. 1266 of 2007() -------------------------- LAR.434/2003 of I ADDL.SUB COURT,THIRUVANANTHAPURAM .................... APPELLANT: RESPONDENTNO.1 --------------------- STATE OF KERALA, SPECIAL TAHSILDAR L.A., INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM REP. BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA RESPONDENTS: CLAIMANT& RESPONDENT NO.2 --------------------------------- 1. ALIAS SIMSON T.C.37/2028, PRASANTH NAGAR, KOTTAKAKOM, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM, INTERNATIONAL AIRPORT, DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. BY // THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 1266 OF 2007 ---------------------------------------------------------------- Dated this the 7th day of February, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal is directed against the judgment and decree in L.A.R.No.434 of 2003 on the file of the !st Additional Sub Court, Thiruvananthapuram. The State of Kerala is the appellant. The land involved in this case is acquired for the expansion of International Airport, Thiruvananthapuram. The extent of land acquired is 4.05 Ares in Sy. No.526/8 of Pettah Village. Notification under Section 4(1) of the Land Acquisition Act was published on 4.2.1999. The Land Acquisition Officer included the land under the Xth category and fixed land value at the rate of Rs.1,09,365/- per Are. The reference court refixed the land value at Rs.2,00,000/- per Are. 2. The evidence in the case consists of the oral evidence of the claimant who was examined as AW.1. Ext.A1was also marked on the side of the claimant. On the side of the respondents, Exts.R1 to R5 were marked, but no oral evidence was adduced. The claimant contended that L.A.A.NO.1266/2007 2 categorisation of the property as category No. X is wrong and that since the acquired land is lying on either side of the bye-road commencing from the National Highway bye pass road to Chakka-Vallakkadavu road, the land ought to have been included in category No. XI. The court below on evidence found that the acquired land has direct access to the road and, therefore, the property should have been included in category No. XI. The property was thus re-classified as category No. XI. The Land Acquisition Officer fixed land value at Rs.1,14,833/- per Are for category No.XI. Though Ext.A1 sale deed was produced by the claimant in support of his claim for higher value, the reference court found that the property covered by Ext.A1 is not similar and similarly situated as that of the the acquired land. For the reasons stated in paragraph 13 of the judgment, the reference court found that the property covered by Ext.A1 cannot be compared at all with the acquired land. The reference court proceeded to refix the land value on the basis of the property covered by Ext.R1, the basic land. Finding that the property included in category No. XI is situated in an important place having many public and private institutions including commercial establishments in the vicinity, the reference court fixed Rs.2,00,000/- per Are as proper and adequate land value for the acquired land. We are of the view that refixation of land value at Rs.2,00,000/- per Are is fair and reasonable in the facts and circumstances of the case. L.A.A.NO.1266/2007 3 Hence, we find no ground to interfere with the finding recorded by the court below. In the result, the appeal fails and it is accordingly dismissed. I.A. No.3139 of 2007 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1266/2007 4 KURAIN JOSEPH & HAURN-UL-RASHID, JJ L.A.A. .NO 7TH FEBRUARY, 2008