IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 LA.App..No. 348 of 2009() ------------------------- LAR.64/2007 of SUB COURT, KASARAGOD .................... APPELLANT(S): REFERRING OFFICER/RESPONDENTS 1 & 2 ------------------------------------------- 1. THE SPECIAL TAHSIDLAR (LA), KASARAGOD. 2. THE EXECUTIVE ENGINEER, KSTP, PWD, OPPOSITE MILITARY HOSPITAL, KANNUR. 3. THE DISTRICT COLLECTOR, KASARAGOD BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- KHADEEJABI, W/O.LATE KUNHAMOO, CHALIYANGOD, CHEMNAD VILLAGE, P.O.KALANAD. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2009 ALONG WITH L.A.A.NO.352/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.NOs.348 & 352 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. Even though Sri.Basant Balaji, learned senior Government Pleader has addressed us very strenuously on the basis of the various grounds raised in the appeal memo, we do not find any warrant for interfering with the impugned judgments. The acquisition was in Chemmanad village for the construction of the State Highway from Kanhangad to Kasargod pursuant to Section 4(1) notification dated 31-01-2005. The land acquisition officer awarded land value at the rate of Rs. 15,000/- per Are which was re-determined by the court as Rs. 34,000/- per Are. We find that it was placing reliance on Exts.A1 and A2 that the learned Judge did so. Exts.A1 and A2 were direct purchases made by the government for the same purpose in respect of adjacent properties. Of course, in those two cases instead of land acquisition proceedings, the Government negotiated with the parties and arrived at a price. What the learned Sub Judge has done is to give LAA.No.348/09 & 352/09 2 only a lesser amount than the value reflected in Exts.A1 and A2. It is more or less the correct market value at the relevant time which has been arrived at by the learned Subordinate Judge, according to us. The appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.348/09 & 352/09 2