High Court Kerala High Court

State Of Kerala vs Smt.Laxmi on 27 September, 2007

Kerala High Court
State Of Kerala vs Smt.Laxmi on 27 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 358 of 2003(D)


1. STATE OF KERALA
                      ...  Petitioner

                        Vs



1. SMT.LAXMI, W/O. KINJIRAMAN,
                       ...       Respondent

2. THE MANAGING DIRECTOR, BRDC

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.V.N.RAMESAN NAMBISAN

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :27/09/2007

 O R D E R
          KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
             -----------------------------------------
                      L.A.A.No.358 of 2003
             -----------------------------------------
         Dated this the 27th day of September, 2007

                            JUDGMENT

Kurian Joseph,J.

This appeal is filed against the judgment and decree in

L.A.R.No.228/1999 on the file of the Sub Court, Hosdurg. The

acquisition is for the purpose of Bekel Tourism Project. The

learned Government Pleader vehemently contended that the

enhancement granted by the reference court at the rate of

Rs.1,143/- per cent is without any basis. It is contended that

though it was found that Exts.A1 and A2 are not similar and

comparable, the reference court relied on those documents and

granted enhancement. We are afraid those contentions cannot

be appreciated. According to the Commissioner the property

covered by the acquisition is superior to the other properties

acquired in the locality. It is also reported that the Fisheries High

School and 18 shops including hotels, and two temples are

situated within 500 metres from the claimant’s property. It was

also noted by the reference court that the requisitioning authority

L.A.A.NO.358/2003
-:2:-

did not have any dispute that the acquired property is a three

crop paddy field. Still further it was noted that Exts.A1 and A2

properties are situated away from the acquired property and to

reach those properties, one has to go through the acquired

property. It has also come out in evidence that there was a road

about 200 metres north of the acquired land whereas there was

no road access to the basic land. It was taking note of all these

factors relevant for just fixation of the market value, the

reference court refixed the value at Rs.4,000/- per cent granting

only a reasonable enhancement of Rs.1,143/- per cent. Thus we

do not find any merit in the appeal. It is accordingly dismissed.

(KURIAN JOSEPH, JUDGE)

(HARUN-UL-RASHID, JUDGE)
ahg.

KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.

—————————

L.A.A.No.358 of 2003

—————————-

JUDGMENT

27th September, 2007