IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 LA.App..No. 496 of 2009() ------------------------- LAR.67/2007 of SUB COURT, KASARAGOD .................... APPELLANTS/REFERRING OFFICER/ RESPONDENTS 1 AND 2:- --------------------------------------------------------------------- 1. THE SPECIAL TAHSILDAR (LAND ACQUISION) KASARAGOD. 2. THE EXECUTIVE ENGINEER, K.S.T.P, PWD, OPPOSIT MILITARY HOSPITAL, KANNUR. 3. THE DISTRICT COLLECTOR, KASARAGOD. BY ADV. MR. BENNY VARGHESE, GOVERNMENT PLEADER RESPONDENTS/CLAIMANTS:- --------------------------------- 1. K.M.MUHAMMED SAFI, S/O.KAMBAR KAYINHI NEERKALKUNNU, CHEMNAD VILLAGE P.O., KALANAD. 2. SECRETARY, CHEMNAD GRAMA PANCHAYATH, KOLIYADKA P.O.,PERUMBALA, KASARAGOD TALUK. ADV. MR. I.D.KRISHNA PRASAD MS. O.K.SANTHA FOR R1 MS. P.L.MARY TREASA FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- L.A.A. No. 496 of 2009 ---------------------------------------------------- Dated this the 23rd day of July, 2009. JUDGMENT Heard both sides. 2. The State challenges the common judgment dated 30.08.2008 passed by the Sub Court, Kasaragod disposing of 10 L.A.R. Cases. The present appeal is directed against L.A.R. No. 67 of 2007. 3. 0.0018 hectares of land comprised in Survey No. 131/4 of Chemnad village in Kasaragod Taluk along with other parcels of land was compulsorily acquired by the State for the purpose of K.S.T.P for the formation of Kasaragod-Kanhangad State Highway. Notification under Section 4(1) was published on 31.01.2005. The award was passed on 24.06.2006, The lands were taken possession of on 10.07.2006. The Land Acquisition Officer had fixed a sum of Rs.15,000/- per cent. On reference at the instance of the land owners, the court below as per the common judgment re-fixed the land value at Rs.34,000/- per cent L.A.A. No. 496/2009 : 2 : relying on Exts.A1 and A2 negotiated sale deeds dated 27.01.2006 as per which certain parcels of land were purchased by the K.S.T.P for the very same purpose. Under Ext.A1, a sum of Rs.38,662 per cent was given. As per Ext.A2, a sum of Rs.43,625/- per cent was given. It was taking into account the value in Exts.A1 and A2 which were, however, paid one year after the notification published in this case, that the court below fixed the land value at Rs.34,000/- per cent. In as much as in two other appeals filed by the State as L.A.A. Nos. 352 and 354 of 2009 against L.A.R. Nos. 47 and 70 of 2007 disposed of under the same common judgment, this Court had dismissed the appeals, I see no reason as to why the present appeal should be entertained. The basis for valuation has already been approved by this Court in the aforesaid appeals. This appeal is accordingly dismissed. Dated this the 23rd day of July, 2009. V. RAMKUMAR, JUDGE. L.A.A. No. 496/2009 : 3 : rv