The Managing Director vs Babu on 17 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 74 of 2006()


1. THE MANAGING DIRECTOR,
                      ...  Petitioner

                        Vs



1. BABU, CHAKKANATT COLONY,
                       ...       Respondent

2. KERALA STATE, REP. BY THE

                For Petitioner  :SRI.G.S.REGHUNATH

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :17/07/2008

 O R D E R
                        PIUS C. KURIAKOSE, J.
               -----------------------------------------------
                          LAA. No. 74 OF 2006
               -----------------------------------------------
                 Dated this the 17th day of July, 2008

                            J U D G M E N T

The requisitioning authority KSIDC challenges in this appeal the

award of the Land Acquisition Reference Court (Sub Court, Cherthala)

in LAR. No.111 of 2003. The case pertains to acquisition of 1.21 Ares

of land in Pallippuram Village for the purpose of the Industrial

Growth Centre pursuant to a notification under section 4(1) dated 24-

1-1997. The land acquisition officer awarded land value at the rate of

Rs.7,876/- per Are which was enhanced by the court under the

impugned judgment to Rs.17,297/- per Are. The decision of the

Reference Court was on the basis of Ext.A1 judgment in LAR. No. 95 of

2002.

2. Having considered the judgment of the Reference Court I am

of the view that the court was justified in placing reliance on Ext.A1 in

which case also the acquisition was for the same purpose and as per

the very same section 4(1) notification. It was also found by the

Reference Court that the properties in A1 and the acquired properties

in this case were lying close to each other.

3. One of the grounds taken in the appeal memorandum is that

Ext.A1 has not been attained finality and that LAA. No. 251 of 2005 is

LAA. N0. 74 of 2006
-2-

pending before this court.

4. It is agreed to by Mr.Raghunath at the Bar that L.A.A. No.251

of 2005 was dismissed by a Division Bench on 4-12-2007. A copy of

the judgment in LAA. No. 251 of 2005 is made available and it is seen

therefrom that the rate fixed by the Court under Ext.A1 has been

confirmed.

The result of the above discussion is that this appeal will also

stand dismissed.

(PIUS C.KURIAKOSE, JUDGE)

ksv/