IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 76 of 2007(D)
1. STATE OF KERALA,
... Petitioner
2. THE GENERAL MANAGER,
3. THE DISTRICT COLLECTOR, THRISSUR.
Vs
1. SRI.ANTONY, S/O.THARUVAKKARA DEVASSY,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice A.K.BASHEER
Dated :25/01/2007
O R D E R
KURIAN JOSEPH & A.K.BASHEER, JJ.
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C.M.Appln.102/07 & L.A.A.No.76 of 2007
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Dated 25th January, 2007.
J U D G M E N T
Kurian Joseph, J.
An extent of around 83 cents of property belonging to
the respondent/claimant was acquired for the purpose of setting
up an industrial development plot at Puzhakkal Padam. Section 4
(1) notification was issued on 4.10.1999. The award was passed
on 13.11.2001. The land value fixed in the award was at the rate
of Rs.3,410/- per Are. The reference court enhanced the same
and fixed the land value at Rs.5,633.88 per Are. It is seen from
the detailed judgment that considering the situation of the
acquired property and its potential value, the market value is
fixed. In the process, Exts.A1 to A5 documents also have been
relied upon. Since the additional land value in respect of around
83 cents of property granted by the reference court is only
around Rs.75,000/- and the statutory benefits, which in the facts
and circumstances of the case, according to us, is just and
reasonable, we do not think it necessary to issue notice in the
delay petition, though the delay is only 15 days. Since the State
is to pay interest at the rate of 15%, any further delay would only
LAA NO.76/07 2
be detrimental to the State. For all the above reasons, we
dismiss the delay petition as well as the appeal.
KURIAN JOSEPH, JUDGE.
A.K.BASHEER, JUDGE.
tgs
KURIAN JOSEPH & A.K.BASHEER, JJ
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W.P.(C) NO. OF 2004
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J U D G M E N T
Dated 25th January, 2007.