The Special Tahsildar, LA NH-II, Kozhikode vs T.A. Venugopalan, Thekke Akkara Veettil, ''AVAS'' Kunnummal, Malaparamba Kozhikode Dist.

Pius C. Kuriakose, J.—The appeal by the Government and the memorandum of cross objection pertains to acquisition of land in Vengeri village pursuant to Section 4(1) notification published on 24/12/93 for the purpose of construction of Kozhikode Bye-pass of the National Highway-17. The Land Acquisition Officer awarded land value at the rate of Rs. 13,200/- per cent. The Reference Court in the first instance re-fixed the land value at Rs. 25,000/- per cent. Government alone preferred appeal. Considering the Government''s appeal this Court remanded the matter back to the Reference Court. Now the impugned award has been passed reiterating the same view and the same reasons and awarded Rs. 25,000/- itself.

In appeal preferred by the Government it is urged that the rate fixed by the Reference Court is excessive. In the memorandum of Cross objections the ground urged is that the market value should be re-fixed at Rs. 30,000/- per cent. The submissions were addressed by the Senior Government Pleader Sri. C.R. Syamkumar on the basis of the grounds raised in the memorandum of appeal/memorandum of Cross Objections.

We have carefully gone through the impugned award. We have kept in mind various judgments of this Court in respect of acquisition of land in Vengeri village for the purpose of construction of Kozhikode bye-pass pursuant to the same notification. We are of the view that the rate of Rs. 25,000/- per cent fixed by the learned Subordinate Judge under the impugned award is more or less the correct market value of the property at the relevant time. We do not find any warrant for interference. The appeal as well as the memorandum of cross objections will stand dismissed. No costs.