IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 74 of 2008()
1. STATE OF KERALA, REP. BY SPECIAL
... Petitioner
Vs
1. KUNDIL VEETTIL SUBRAMANIAN,
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.C.KHALID
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :25/05/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.74 OF 2008
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Dated this the 25th day of May, 2009
JUDGMENT
Pius C.Kuriakose, J.
This case pertains to acquisition of land in Muzhappilangad
Village for the construction of rail over bridge. Relevant Section
4(1) notification was on 26/3/2001. The land value under the
impugned judgment was increased by 75% i.e. 10,000/- to
17,500/- per cent. Value of the structure was increased by 30%.
For the value of structure the claim of the respondents was much
more. The respondents relied on the commission report in a suit
which he had filed. That commission report was not relied on by
the reference court. Nevertheless, the court became inclined to
grant 30% enhancement on the structure value taking into
account the circumstance that it was PWD schedule of rates
which had been adopted and the PWD itself tenders its work
even above its own rates. As for land value, the court did not
place complete reliance on any of the documents. However,
market value reflected in the document was also taken into
L.A.A..No.74/2008 2
account. So also the items relating to the importance of the
locality and its nearness to the Thalassery Town are all taken
into account. After all, determination of the market value in the
land acquisition case itself involved certain amount of guess
work. In the instant case, we find that the guess work made by
the learned Subordinate Judge was founded, to some extent,
on the evidence which came on record. It is more or less the
correct value of the land at the relevant time which had been
arrived at by the learned Subordinate Judge. There is no room
for interference.
The appeal will stand dismissed.
PIUS.C.KURIAKOSE,JUDGE
P.Q.BARKATH ALI, JUDGE
dpk