IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 LA.App..No. 884 of 2006() ------------------------- LAR.64/1996 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): 1ST RESPONDENT: ----------------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENT(S): ADDL.CLAIMANTS 2 TO 6 ------------------------------------ 1. THANKAMMA, W/O.(LATE) SREEDHARAN, KOPPARA VEEDU, KILIKOLLOOR CHERRY, MANGAD VILLAGE. 2. LEELAVATHY,D/O.(LATE) SREEDHARAN, KOPPARA VEEDU, KILIKOLLOOR CHERRY, MANGAD VILLAGE. 3. PRABHAVATHY, D/O.(LATE) SREEDHARAN, KOPPARA VEEDU, KILIKOLLOOR CHERRY, MANGAD VILLAGE. 4. REMAVATHY, D/O.(LATE) SREEDHARAN, KOPPARA VEEDU, KILIKOLLOOR CHERRY, MANGAD VILLAGE. 5. SREEKUMAR, S/O.(LATE) SREEDHARAN, KOPPARA VEEDU, KILIKOLLOOR CHERRY, MANGAD VILLAGE. ADV. SRI.VARGHESE PREM FOR R1TO5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.No.884 of 2006 ----------------------------------------- Dated this the 9th day of December, 2008 JUDGMENT Kurian Joseph,J. This is an appeal against the judgment and decree in L.A.R.No.64/1996 on the file of the Sub Court, Kollam. The acquisition is for the purpose of formation of National Highway Bye Pass. The extent involved is 11.60 Ares. Section 4(1) notification is dated 11-11-1992. The Land Acquisition Officer, as per the award dated 7-11-1995, fixed land value at Rs.11,022/- and the reference court fixed it at Rs.24,700/-. Aggrieved the State has come up in appeal. It is seen that the claimants had produced Exts.A1 and A2 documents executed on 28-2-1992 and 6-7-1992 respectively and Ext.A3 location sketch. Two witnesses were also examined on the side of the claimants as PWs.1 and 2. There is no evidence for the respondents. Ext.A1 is the sale deed executed on 28-2-1992 in respect of 10 cents of land with a building for a total consideration of Rs.3,50,000/-. Ext.A2 is in respect of 14 cents with a building for a total consideration of Rs.1,90,000/-. Both properties are situated about 500 metres L.A.A.No.884 of 2006 -:2:- away from the acquired land. The acquired land is situated just adjacent to a Panchayat road. The basic land relied on by the Land Acquisition Officer is located at a distance of around 200 metres east of the acquired land and lies adjacent to P.W.D. road (Kallumthazham - Thannikkamukku K.P. road). In view of the importance of the locality and on the basis of the evidence available on record, the reference court fixed land value at Rs.10,000/- per cent taking note also of the fact that the acquired property is a commercial plot. In the absence of any contra evidence on the side of the respondents it cannot be said that the land value fixed by the reference court is excessive. It reflects a just, proper and reasonable market value of the property at the time of acquisition. Therefore, there is no merit in the appeal. It is accordingly dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.No.884 of 2006 ---------------------------- JUDGMENT 4th December 2008