Ramachandran Nair, J.
The appeal is from the judgment in L.A.R.No.316/2005. Here the acquisition is for widening Adoor bye-pass road and the notification under Section 4(1) was published on 18.6.2004. The land acquisition officer fixed land value @ Rs. 52,234/- per Are and the court below re-fixed it at Rs. 3 lakhs per Are.
2. The ground taken in the appeal mainly is that the reference court has relied upon Ext.A3 judgment in L.A.R.No.58/2005 and 18/2005. In that judgment, the trial court mainly relied upon the judgment in L.A.R.No.312/2005 and in appeal from that judgment as L.A.A.No.345/2011, this Court remanded the matter back to the trial court for fresh consideration.
3. Heard both sides. At the outset, the learned counsel for the respondent submits that Ext.A3 judgment in L.A.R.No.58/2005 and 18/2005 relied upon Exts.A1 to A3 documents therein and therefore the mention made about the judgment in L.A.R.No.312/2005 in the appeal memorandum is not correct.
4. The learned Senior Government Pleader Sri.Aloysious Thomas submitted that actually the property which was involved in Ext.A3 common judgment was acquired for a different purpose and therein the land value fixed by the land acquisition officer was @ Rs. 26,192/- per Are. Herein the land acquisition officer has fixed land value @ Rs. 52,234/- per Are. Therefore Ext.A3 could not have been relied upon.
5. With regard to the importance of the locality, the learned counsel for the respondent invited our attention to the report of the Commissioner. The report shows that the acquired property is situated between Adoor High School junction and Holly Cross Hospital junction and just on the south of the point where M.C. Road meets Kayamkulam-Punalur road. It is reported that these roads lie at a stretch between Adoor High School junction upto Adoor town Junction. It is only 100 metres from the High School junction to the acquired property and 20 metres from the Holly Cross Hospital junction. As far as the important institutions are concerned, Government High School is situated 100 metres from the acquired property and the Holly Cross Hospital is 20 metres from the acquired property. Apart from the same, there is St. Mary's Church, Navodaya Training Centre, Union Bank ATM and State Bank of Travancore ATM centre. There is a fire station situated 100 metres from the acquired property towards east and on the immediate vicinity there is KIP canal and Indian Bank is situated 100 metres from the acquired property. The KSRTC bus stand is at a distance of 1 km. and the private bus stand is at a distance of 500 metres only.
6. The extent of the acquired property is 7.35 Ares. The Commissioner has produced a plan along with the report.
7. As far as the basic land is concerned, it is reported by the Commissioner in paragraph 10 that the said property is at a distance of 200 metres from the acquired property towards its western side. As far as the acquired property is concerned, it is just on the south of the junction where Kayamkulam-Punalur road meets the M.C.road and it is very near to Adoor town also. The report also shows that it is a commercially important locality. As far as the judgment Ext.A3 is concerned, by a separate judgment we have confirmed the same as per judgment in L.A.A.No.510/2009 and 529/2010. Therein the acquired property is situated in Nellimoottilpadi junction and very near to Adoor Central junction and we have confirmed the land value @ Rs. 3 lakhs.
8. The learned counsel for the respondent submitted that going by the importance of the locality, the land value granted is very reasonable.
9. We find that there is no contra evidence adduced by the State to support the award made by the land acquisition officer. In the light of the documents relied upon by the claimant and especially in the light of Ext.A3 which has become final by the judgment of this Court, we find that the land value awarded is reasonable namely Rs. 3 lakhs per Are. The property lies in the road level and it is a dry land also, and is having much potential due to its close proximity to important institutions, and nearby junction.
In that view of the matter, we find no reason to interfere with the judgment. Accordingly, the appeal is dismissed. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.