IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 713 of 2004()
1. STATE OF KERALA.
... Petitioner
Vs
1. MOHAMMEDALI, S/O.MOHAMMED KUNJU,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.A.AHZAR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :29/05/2007
O R D E R
KURIAN JOSEPH & T.R.RAMACHANDRAN NAIR, JJ.
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L.A.A. Nos.713, 741 & 1071 of 2004 and
1083 OF 2005
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Dated 29th May, 2007.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln.No.1482/04 in L.A.A.741/04 : Delay condoned.
Aggrieved by the land value fixed by the Land
Acquisition Officer, claimants took up the matter before the
reference court. The reference court, finding that the fixation of
market value on the basis of the basis document is not proper,
since the same is of 1991, made an attempt to properly fix the
market value based on the evidence available on record. Ext.A1
is the document relied on by the claimants. That is a property
lying 200 ft. away from the acquired land and has no direct
access to the National Highway. AW2 is the purchaser. It has
come out in evidence that the acquired property is of far more
importance than the property covered by Ext.A1 and there is no
contra evidence either. That evidence is unchallenged also. The
land value shown is Rs.37,500/- per cent. It appears there is a
mistake; the value of Rs.37,500/- is per Are. The reference court
however, found that Ext.A1 has got direct access to the public
road whereas such an advantage is not available to the acquired
LAA NO.713/04 & connected cases 2
property. It was also found that Section 4(1) notification is of
August, 1994 whereas Ext.A1 was executed one year after the
notification. On these counts, 10% each in the value of Ext.A1
was deducted and the value was fixed at Rs.30,375/- per Are,
though it is wrongly stated in some portions of the judgment that
it is per cent. The extent involved in these cases are very
meagre (L.A.R.No.17/99-2.62 Ares, L.A.R.20/99- 4.05 Ares,
L.A.R.22/99-5.90 Ares and L.A.R.25/99-4.27 Ares). The fixation
made by the reference court is based on the evidence available
on record and we are of the view that it is just and reasonable.
Thus the appeals lack merit and are accordingly dismissed.
I.A.3311/04 in L.A.A.713/04, I.A.3503/04 in L.A.A.741/04,
I.A.4509/04 in L.A.A.1071/04 and I.A.3126/05 in L.A.A.1083/05 :
Dismissed.
KURIAN JOSEPH, JUDGE.
T.R.RAMACHANDRAN NAIR, JUDGE.
tgs
LAA NO.713/04 & connected cases 3
KURIAN JOSEPH &
T.R.RAMACHANDRAN NAIR, JJ
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L.A.A. Nos.713, 741, 1071 of 2004 &
1083 OF 2005
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J U D G M E N T
Dated 29th May, 2007.