IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1112 of 2008()
1. THE SPECIAL TAHSILDAR (LA) RAILWAYS,
... Petitioner
Vs
1. SASEENDRAN, S/O.SREEDHARA PANICKER,
... Respondent
2. THE DEPUTY CHIEF ENGINEER, RAILWAYS,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.S.SUNIL
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/09/2008
O R D E R
KURIAN JOSEPH & K.T.SANKARAN, JJ.
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L.A.A. Nos.1112 & 1388 of 2008
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Dated 16th September, 2008.
J U D G M E N T
Kurian Joseph, J.
These are appeals filed by the State aggrieved by the
fixation of land value by the reference court, Sub Court,
Ernakulam, in LAR Nos.119 and 301 of 2006 respectively. The
acquisition is for doubling the railway track between Ernakulam
and Mulanthuruthy. The properties are situated in Thiruvankulam
village. The property covered by the acquisition has been found
to be pond.
2. The property covered by LAR 81/06 is in respect of
the same acquisition, but Section 4(1) notification is dated
18.12.2003. There, the value of the dry land has been fixed at
Rs.54,523/- per Are and 40% of the said value has been fixed as
the value for the pond portion. Thus, in respect of the acquisition
pursuant to notification dated 18.12.2003, the value for the pond
is Rs.21,810/- per Are. In LAR 81/06, dry land portion is included
in category No.1, lying on the side of a tarred Panchayat road.
The Land Acquisition Officer fixed the land value at Rs.35,050/-
per Are on the basis of a document executed on 28.4.2003. That
LAA Nos.1112 & 1388/08 2
document is item No.9 in the basic valuation report. Going by the
unchallenged evidence of the Advocate Commissioner, it was
found that the acquired property therein is situated 1 Km. away
from the Thiruvamkulam junction and several important
institutions are there within a radius of 1 km. Taking note of the
fact that the basic document is executed on 28.4.2003 and that
the notification is dated 18.12.2003, and also the importance of
the locality, 40% enhancement to the value covered by the basic
document was granted and the value was fixed at Rs.54,523/- per
Are. It is also to be seen that even going by the description in the
basic valuation report, the said property was lying 50 meters
away from the tarred Panchayat road. Referring to the fixation of
land value at Rs.21,810/- per Are in LAR 81/06 and also taking
note of the fact that the pond in that case was lying on the side of
the road, in LAR 119/06, 30% value was deducted, in view of the
location of the acquired property interior and on the side of the
railway track, and thus the value was fixed at Rs.15,267/- per Are.
In LAR 301/06 also, the pond is situated interior and on the side
of the railway track, but the acquisition is pursuant to the
LAA Nos.1112 & 1388/08 3
notification dated 16.12.2004 and therefore, 15% enhancement
of the value fixed in LAR 119/06 was granted. We find that the
fixation thus made by the reference court is just and proper. The
appeals are accordingly dismissed. The stay petitions in the
appeals are also dismissed.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH &
K.T.SANKARAN, JJ
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L.A.A. Nos.1112 & 1388 of 2008
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J U D G M E N T
Dated 16th September, 2008.