IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 LA.App..No. 1833 of 2007() -------------------------- AGAINST THE ORDER DATED 10/03/2005 IN LAR.19/2003 of ADDL.SUB COURT, KOCHI .................... APPELLANT(S): IST AND 2ND DEFENDANT IN LAR ------------------------------------------ 1. THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR (LA), GCDA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT AND DEFENDANT 3 IN LAR ---------------------------------------------- 1. ABOOBACKER, S/O.KUNJU MUHAMMED, CHATHIKULATH HOUSE, EDAVANAKAD, KOCHI TALUK. 2. THE SECRETARY, GCDA, ERNAKULAM. ADV. SRI.T.M.ABDUL LATHEEF FOR R.1 SMTMIJI JOHN SRI.A.MUHAMMED HASHIM FOR R.1 SRI.VARGHESE K.PAUL FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2009 ALONG WITH L.A.A.NO.261/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.NOs.1833/2007 & 261 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. These appeals by the Government pertains to acquisition for the construction of Gosree bridge and approach roads thereto. The relevant section 4(1) notification was published on 12/09/2001. The land acquisition officer relying on Ext.B3 basis document awarded land value at the rate of Rs.1,21,900/-. The reference court relying on the evidence enhanced the land value to Rs. 1,70,000/- per Are. Similarly, in L.A.R.No.19/03 corresponding to L.A.A.No.1833/07, the court granted enhanced compensation for loss of earnings, towards reconstruction of jetty and also towards construction of a retaining wall which was lost to the claimant on account to the acquisition. 2. The learned Government Pleader and the counsel for the requisitioning authority are certainly justified in submitting that enhancement of the land value from Rs. 1,21,000/- to 1,70,000/- per Are by the reference court is not based on any cogent legal evidence. LAA.Nos. 1833/07 & 261/08 2 No document revealing the land value higher than the value revealed by the basis document was produced by the claimants. But we find that on the basis of the Advocate Commissioner's report, the court took notice that the property under acquisition were situated very near to Kalamukku junction which has been an important junction on the Vypin-Munambam road even before the emergence of Gosree bridges. It was also noticed that properties had nearness to certain fishing related industries. Apart from taking out a commission in the suit which was filed by the party in L.A.R.No.19/03, in anticipation of the land acquisition proceedings, the Commissioner who filed the report was also examined as AW6. Though the judgment of the reference court turns to a certain extent on guess work, we feel that it is more or less a correct guess which has been made by the learned Subordinate Judge having regard to the market value of the land in the locality at the relevant time. We do not find any warrant for interfering with the impugned judgment. These appeals will stand dismissed. PIUS.C.KURIAKOSE JUDGE M.C. HARI RANI JUDGE sv. LAA.Nos. 1833/07 & 261/08 2