STATE OF KERALA Vs. KATCHERIKANDY BHASKARAN

JUDGEMENT

(1.) WE do not find any ground to admit this appeal preferred by the Government. The acquisition was for the construction of bridge and approach road at kuniyil Kadavu pursuant to Section 4 (1) notification which was published on 27/02/04. The Land Acquisition Officer awarded land value of Rs. 5,797. 66/-per cent. The Reference Court re-fixed the land value at Rs. 16,000/- per cent. Even though Sri. P. K. Babu, Senior Government Pleader would assail the judgment of the Reference Court on various grounds, we are of the view that it is more or less the correct market value of the property at the relevant time which has been arrived at by the learned Sub judge. The learned Sub Judge rightly rejected the basis document as well as the documents Exts. A1 to A3. But the learned Sub Judge noticed that the document in the award which was discussed as item No. 5 in respect of property situated in the same village which had been considered by the Land acquisition Officer was a reliable document and that even RW1 has no reason to offer as to why that document was not relied on. The present value fixed by the court below is on the basis of that document which could have been relied on even in the absence of its copy since the document is discussed in the notes to award. According to us, there is no warrant for interference. This appeal will stand dismissed in limine.