IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 LA.App..No. 307 of 2009() ------------------------- LAR.58/2005 of SUB COURT, NEYYATTINKARA .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT ----------------------------------------- 1. K.RUGMINI AMMA, THOTTUNKARA KUNJU VEEDU, MUKUNDARA DESOM, KALLIKKAD, PERINAMKADAVU, NEYYARDAM P.O. 2. K.RAVEENDRAN NAIR, G.L.COTTAGE, NEYYARDAM P.O., THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, KERALA WATER AUTHORITY, NEYYATTINKARA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 307 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. Even though the learned senior Government Pleader Sri.P.K.Babu has addressed very serious arguments on the basis of the grounds raised in the memorandum of appeal, we are of the view that there is no warrant for interfering with the judgment of the reference court. The acquisition was for the purposes of the Kerala Water Authority pursuant to a notification under Section 4(1) published on 04/02/2002. The land acquisition officer awarded land value at the rate of Rs. 8,642/- per Are. Before the reference court, the Government did not produce the basis document or make any attempt to get it proved. The government did not adduce any counter oral evidence also. The evidence on the side of the claimant consisted of Exts.A1 to A9 and the oral testimony of AW1, the claimant. Ext.A9 was a document executed on 30/03/2000 i.e. some two years prior to the relevant Section 4(1) notification. Ext.A9 revealed a land value of LAA.No.307/09 2 Rs. 20,000/- per Are. The learned Judge has practically relied on Ext.A9 and fixed the land value at the rate of Rs. 15,000/- per Are. According to us, it is more or less the correct market value at the relevant time which has been arrived at by the learned Subordinate Judge. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.307/09 2