IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 LA.App..No. 1188 of 2005() -------------------------- LAR.64/2002 of SUB COURT, HOSDRUG .................... APPELLANT(S): CLAIMANT B ------------------------ THE SECRETARY, KANHANGAD MUNICIPALITY, KANHANGAD. BY ADV. SRI.T.K.VIPINDAS BY ADV.S.RI. K.M. HASHIR RESPONDENT(S): CLAIMANT A & R.O. -------------------------------- 1. SHEIK MOHAMMED, S/O.SHEIK ABDULLA, @ CHOTTA SHEIK, ALAMIPALLY, HOSDURG VILLAGE, P.O.KANHANGAD. 2. THE SPECIAL TAHSILDAR, (LAND ACQUISITION), KASARAGOD. ADV. SRI.M.RAMESH CHANDER FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... L.A.A.No.1188 OF 2005 ............................................. Dated this the 16th day of November, 2009 J U D G M E N T This appeal arises out of the award passed by the Subordinate Judge, Hosdurg in LAR.No.64/2002. An extent of 0.0053 hectares of land i.e., 1.3091 cents, comprised in R.S.No.235/2004 of Hosdurg village has been acquired from the possession of the claimant for municipal bus stand. An award was passed fixing the land value at Rs.9.818/=. Dissatisfied with the land value, the claimant requested for a reference and the Land Acquisition Court fixed the land value at Rs.20,000/= per cent. It is against that decision, the municipality has come up in appeal. Municipality is the requisitioning authority. 2. Heard the learned counsel for all sides. A perusal of the award would reveal that the municipality relied upon Exts.B6 to B8 documents and the claimant relied upon Exts.A1 and the basic document relied upon is Ext.R3. Exts.B6 to B8 are stated to be garden lands where the value of the property is shown in between Rs.6,000 - 8,000/=. : 2 : L.A.A.No.1188 OF 2005 It is not very near the junction. The Land Acquisition Court felt that even the basic document relied upon by the municipality is Ext.R3 and they had purchased 1 cent of property for Rs.8,000/= whereas the nature of the property is waterlogged area. So, relying upon that document, the land Acquisition Court did not accept the credentials of Exts.B6 to B8. The claimant relied upon Ext.A1 where valuation of the property is approximately Rs.30,000/=. But, discussing the entire matter it was found that the very acquisition is in challenge and some proceedings are pending before this Court and therefore rightly the court did not give emphasis to that document. So it is very clear from the materials available in this court that the present property is situated in a very good area and it is situated within the Kanhangad municipality abutting Neeleshwar- Kanhangad State Highway. The acquired property is a dry land and shop buildings are situated in that land and business was conducted in the acquired property. So, the Land Acquisition Court came to the conclusion that it cannot be treated as a wet land at all. Thereafter the Land Acquisition Court also : 3 : L.A.A.No.1188 OF 2005 considered the fact that there are important institutions and the property is situated in and around the vicinity of Alamippally junction where there are many clinics of doctors. There was an old building and business was being conducted which did reveal that it is a commercial plot. So taking note of all these situations, the Land Acquisition Court fixed the centage value at Rs.20,000/= which by any stretch of imagination cannot be said to be on the higher side. Therefore, the award passed by the Land Acquisition Court does not call for any interference and so the appeal fails and it is dismissed. M.N. KRISHNAN, JUDGE cl : 4 : L.A.A.No.1188 OF 2005