IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1497 of 2005()
1. STATE OF KERALA, REPRESENTED BY SPECIAL
... Petitioner
Vs
1. K.MOIDU, S/O.AHAJIKUNJU,KURIKKOLM VEEDU,
... Respondent
2. KARIYA UMMA, W/O.K.MOIDU, KURIKKOLM
For Petitioner :ADDL.ADVOCATE GENERAL
For Respondent :SRI.MILLU DANDAPANI
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :02/07/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.NO. 1497 OF 2005
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Dated this the 2nd day of July, 2008
JUDGMENT
Harun-Ul-Rashid, J.
This appeal filed by the State of Kerala is directed against the
judgment and decree in L.A.R. No.6 of 1999 on the file of the Additional
Sub Court, Palakkad.
2. An extent of 0.7685 hectares of land (approximately 1.90 acres)
was acquired for the purpose of construction of a canal. Section 4(1)
notification is dated 7.8.1998. The Land Acquisition Officer fixed land
value at the rate of Rs.500/- per cent for dry land and Rs.384.62 per cent
for wet land. The reference court enhanced the land value and refixed the
same at Rs.1,200/- per cent for dry land and Rs.900/-per cent for wet land.
The claimants contended that the acquired land is situated abutting
Mannarkkad-Coimbatore State Highway at a prime location and claimed
Rs.50,000/- per cent for dry land and Rs.20,000/- per cent for wet land.
The Commissioner in Ext.X1 report stated that the acquired lands are
located close by a road having road frontage on all the four sides. It has
also come out from Ext.X1 that the acquired dry land consists of various
improvements and is very fertile. The Commissioner also reported that the
L.A.A.NO.1497/2005 2
acquired dry land had irrigation as well as electricity facility.
3. The reference court relied on Ext.A1 sale deed as the basis land
and found that the property covered by Ext.A1 is not similar and similarly
situated as that of the acquired lands. The reference court, therefore,
proceeded to refix the land value taking into consideration the potentiality
of the acquired lands and its access to the road. After considering all the
facts and circumstances, the court below refixed the land value at
Rs.1,200/- per cent for dry land and Rs.900/- per cent for wet land. We
are of the view that the fixation of land value as above in the given
circumstances is fair, just and reasonable. Hence, we do not find any
reason to take a different view and the land value fixed by the court below
is thus confirmed.
In the result, the appeal fails and it is accordingly dismissed. I.A.
No.4090 of 2005 is also dismissed. There will be no order as to costs.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
L.A.A.NO.1497/2005 3
KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.
L.A.A. NO. 1497/2005
JUDGMENT
2nd July, 2008
L.A.A.NO.1497/2005 4