IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 823 of 2007()
1. STATE OF KERALA, REPRESENTED BY
... Petitioner
Vs
1. P.THULASEEDHARAN,
... Respondent
2. ELECTRONIC TECHNOLOGY PARKS (KERALA),
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :20/08/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. No.823 OF 2007
&
C.M.Appln.No.973 OF 2007
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Dated this the 20th day of August, 2008.
J U D G M E N T
Harun-Ul-Rashid, J.
C.M.Appln.No.973/2007: This is an application to condone
the delay of 446 days in filing the appeal. The appeal is filed by
the State against the judgment and decree dated 28.02.2005 in
L.A.R.No.286/1998 on the file of the II Additional Sub Court,
Thiruvananthapuram.
2. The extent of property acquired is 8.80 ares of land in
Survey No.413/8 of Kazhakkutom-Menamkulam village. The
property was acquired for Eletronics Techno Park. Notification
under Section 4(1) of the Land Acquisition Act is dated
13.01.1995. Land Acquisition Officer awarded land value at the
rate of Rs.12,664/- per are. The reference court enhanced the
land value and refixed it at Rs.21,133/- per are. Aggrieved by
the said fixation, the State has come up in appeal.
L.A.A. No.823/07 2
3. The evidence in this case consists of oral evidence of the
claimant as AW1 and Exhibits A1 to A3 on the side of the
claimant and Exhibits R1 to R5 on the side of the respondents.
Exhibit C1 commission report was also marked.
4. The claimant pressed for fixation of market value on the
basis of Exhibit A2 document. The reference court rightly held
that the said property is having road frontage on the southern
and eastern side and it is a residential plot with a pacca building.
Therefore, there cannot be any comparison with the acquired
land.
5. The reference court placed reliance on Exhibit A3
judgment in L.A.R.Nos.130 and 131 of 1998. Exhibit A3
acquisition is for the very same purpose and the property is also
in the same village. Section 4(1) notification in that case was
published on 05.04.1994. Land Acquisition Officer fixed the land
value at the rate of Rs.14,784/- per Are in Exhibit A3 case and
the same was enhanced by the reference court at Rs.24,710/-
per Are. The court examined the oral and documentary evidence
and concluded that Exhibit A3 property is lying nearer to the
L.A.A. No.823/07 3
National Highway than the acquired land. The reference court
held that the comparable document for the purpose of fixing the
land value is Exhibit A3 and therefore, a proportionate increase in
the land value to the tune of Exhibit A3 judgment can be given in
the present case. We have already stated that in Exhibit A3
case, the land value awarded by the Land Acquisition Officer at
Rs.14,784/- per Are was enhanced to and refixed at Rs.24,710/-
per Are. In the present case, the land value awarded by the Land
Acquisition Officer is Rs.12,664/- per Are. Therefore, fixation of
land value by a proportionate increase, the amount will come to
Rs.21,133/- per Are. The reference court fixed the land value at
the said rate.
6. We find that Exhibit A3 judgment was upheld and has
become final in the judgment in L.A.A.No.1171/2007. Since the
value fixed in Exhibit A3 property has become final and
proportionate value was granted on that basis, there is no reason
to modify the award passed by the court below.
L.A.A. No.823/07 4
In the result, the application for condonation of delay and
the appeal are dismissed.
I.A.No.2104/2007: Dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp
L.A.A. No.823/07 5
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
L.A.A. No. 823 OF 2007
J U D G M E N T
20.08.2008