IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 LA.App. No. 1004 of 2003(A) ---------------------------------- LAR.1/1998 of SUB COURT, HOSDURG .................... APPELLANT/RESPONDENT: ------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR. RESPONDENTS/CLAIMANTS: ---------------------------------- 1. MARIYAMMA, W/O. T.M.SOOPI, THAYAL HOUSE, KEEKAN VILLAGE. 2. M.MOHAMMEDKUNHI, S/O.T.M.SOOPI, THAYAL HOUSE, KEEKAN VILLAGE. 3. BEKAL RESORT DEVELOPMENT CORPORATION. BY ADV. SRI. SUBHASH CYRIAC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No. 1004 OF 2003 ----------------------------------------- Dated this the 16th day of January, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the judgment and decree in L.A.R.No.1/1998 on the file of the Sub Court, Hosdurg. Acquisition is for the purpose of Bekal Tourism Project. 2. The State had come up in appeal on an earlier round and by judgment dated 24.06.2002 in L.A.A.No.52/1999, the matter was remitted to the reference court on the ground that the requisitioning authority was not on the party array. After affording an opportunity for participating in the proceedings, reference was again considered by the court. 3. Exhibits A1 to A3 are the documents sought to be relied on by the claimants. Those properties are situated in Pallikkara village whereas the acquired property is in Keekan village. It is not in dispute that the negotiated price of the property in Pallikkara village is Rs.22,000/- per cent as can be seen from Exhibit A3. As rightly pointed out by the learned Government L.A.A. 1004/03 2 Pleader, that is inclusive of all statutory benefits. In this case, the Land Acquisition Officer fixed the land value at the rate of Rs.3,530/- per cent and the reference court fixed it at Rs.6,500/- per cent. Having regard to the potential development of the area and having regard to the land value of the neighbouring property as seen from Exhibits A1 to A3, it cannot be said that Rs.6,500/- per cent fixed as market value by the reference court is in any way excessive. The fixation is made taking note of all the relevant aspects under Section 23 of the Land Acquisition Act. Thus, there is no merit in the appeal and it is accordingly dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. 1004/03 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 1004 OF 2003 J U D G M E N T 16.01.2008