State Of Kerala vs Muhammed Ayoob on 20 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1280 of 2007(D)


1. STATE OF KERALA
                      ...  Petitioner
2. EXECUTIVE ENGINEER, K.S.T.P,

                        Vs



1. MUHAMMED AYOOB, S/O.KUNJUMUHAMMED,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.K.K.MOHINUDHEEN(NO VAK)

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :20/08/2009

 O R D E R
        PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
                     ------------------------
                    L.A.A.No.1280 OF 2007
                     ------------------------

            Dated this the 20th day of August, 2009

                          JUDGMENT

Pius C.Kuriakose, J.

This is an appeal preferred by the Government, who were

aggrieved by refixation of the value of land under acquisition

from Rs.1,93,845/- per cent to Rs. 10,0000/- per cent. The

property was in Perumbavoor Village and was situated in the

heart area of the Perumbavoor Municipal town abutting

M.C.Road. Purpose of acquisition was widening of M.C.Road for

KSTP project. The claimant/respondent produced documents

Exts.A1 to A6 and examined witnessess AW1 to AW3. On the

side of the Government, there was no counter oral evidence. The

Government, however, produced Exts.R1 to R4 papers pertaining

to the award file and Ext.R5 copy of the basis document. Ext.A2

was a pre notification document and was in respect of land

situated immediately to the eastern side of the land under

acquisition. Distance between Ext.A2 property and the acquired

property, as reported by the Advocate Commissioner in Ext.C1,

is only 50 feet. Ext.A2 revealed land value of Rs.10,00,000/-

per cent. Of course, extent covered by Ext.A2 was not much.

But, we notice that extent of the properties acquired were also

not much.

Having gone through the impugned judgment, we are of the

view that despite the strenuous submissions of the learned

senior Government Pleader Sri.Basant Balaji, there is justification

for approving the enhancement granted under the impugned

judgment. The land had commercial potentialities and was in fact

situated in the main area of one of the bustling towns of the

Ernakulam Revenue District.

The appeal will stand dismissed. No costs.

PIUS C.KURIAKOSE,JUDGE

K.SURENDRA MOHAN, JUDGE
dpk