High Court Kerala High Court

State Of Kerala vs Puthiya Purayil Sarojini on 4 November, 2009

Kerala High Court
State Of Kerala vs Puthiya Purayil Sarojini on 4 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1762 of 2007()


1. STATE OF KERALA, REP. BY
                      ...  Petitioner

                        Vs



1. PUTHIYA PURAYIL SAROJINI, W/O. LATE
                       ...       Respondent

2. PUTHIYA PURAYIL RAGINI,

3. PUTHIYA PURAYIL RAJESH,

4. RAJEEVAN,

5. RAJANI,

6. RATHEESH,

7. THE PROJECT OFFICER,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.K.S.MADHUSOODANAN

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :04/11/2009

 O R D E R
                       M.N. KRISHNAN, J
                -------------------------------------
                  L.A. APP. NO. 1762 OF 2007
                -------------------------------------
       DATED THIS THE 4TH DAY OF NOVEMBER, 2009

                            JUDGMENT

This is an appeal preferred against the award of the Land

Acquisition Court, Payyannur in L.A.R 62/01. The subject matter

of reference is with respect to land value for 0.0107 hectares of

land in Survey No.170/21 of Sreekandapuram Village. The Land

Acquisition Officer awarded an amount of Rs.2,980/- per cent and

it was against that order, the reference was made. The order has

been considered by the Land Acquisition Court in pages 7, 8 and

9 of the award. The property acquired is about 500 meters away

from the Sreekandapuram town. The claimant relied on A1 and

A2 documents. In Ext.A1, the centage value is shown as 15775.

Ext.A2 refers to a common judgment in L.A.R.7/2002 and

169/2001.

2. The said land is situated 2 kilometers away from the

Sreekandapuram town. In that case, the Land Acquisition Court

fixed the land value at Rs.8.169/- per cent and it has not been

challenged. Here the property acquired is only 500 meters away

L.A.A.NO.1762/2007
2

from the town and therefore the claimant has claimed an

enhanced rate. The Land Acquisition Court after taking into

consideration those aspects had fixed the land value at

Rs.9,000/- per cent which by no stretch of imagination can, be

held to be on the higher side. So far as the value of structures is

concerned, the Court considered the matter and for each pillar

granted Rs.500/-, making it a total Rs.18,000/-, that is an

enhancement of Rs.4,000/-.

3.The Land Acquisition Court has considered the matter only

in the correct perspective and arrived at a decision on the basis

of valid documents and therefore the award does not call for any

interference.

Therefore the appeal is dismissed.

M.N. KRISHNAN,
JUDGE

SS