IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 LA.App..No. 14 of 2007() ------------------------ LAR.139/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: RESPONDENT ---------------------- STATE OF KERALA REP. BY DIST.COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.K.R.DEEPA RESPONDENTS: CLAIMANTS ----------------------- 1. G.SIVADASAN NAIR, ARUN NIVAS, T.C.31/1780(1), VAYYAMOOLA, PETTAH, THIRUVANANTHAPURAM. 2. JAYAKUMARAN NAIR P., PATTAVILAKATHU VEEDU, SREEKANTESWARAM, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SMT.SHIRMILA. C.S. SRI.MAHESH ANANDAKUTTAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.14 OF 2007 ---------------------------------------------- Dated 7th February, 2008. J U D G M E N T Kurian Joseph, J. This appeal is directed against the judgment and decree in LAR 139/2000 on the file of the Additional Sub Court, Thiruvananthapuram. The acquisition is for the purpose of construction of new International Passenger Terminal. Section 4 (1) notification is of the year 1999. It is seen that the reference court has placed reliance on Exts.A1 to A3 documents. Ext.A1 document is executed in 1996. It is also seen that the value of the property covered by Ext.A1 is Rs.1,00,000/- per Are. The reference court found that the fixation of land value based on the basic document cannot be accepted. The basis of such fixation was not proved also before the reference court. On evidence, it was found that Ext.A1 can be relied on, when compared to the basic document for the purpose of fixation of land value. Thus, on the basis of the finding regarding dissimilarity of the acquired land with the basic land and the further finding that the property covered by Ext.A1 has road frontage, the reference court fixed the land value based on Ext.A1. In the absence of any contra LAA NO.14/07 2 evidence, we are of the view that the fixation made by the reference court cannot be held to be in any way excessive or unreasonable. There is no merit in the appeal. It is accordingly dismissed. I.A.No.39/07 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. NO.14 OF 2007 ---------------------------------------------- J U D G M E N T Dated 7th February, 2008.