IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 441 of 2004(A)
1. STATE OF KERALA
... Petitioner
Vs
1. PONNAMMA LALITHAMMA,
... Respondent
2. RAJESH, MEMANA MEENATHETHIL,
3. DEEPTHI, MEMANA MEENATHETHIL,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.SREEKUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :25/08/2009
O R D E R
PIUS C.KURIAKOSE &
K.SURENDRA MOHAN, JJ.
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L.A.Appeal No.441 of 2004
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Dated this the 25th day of August, 2009
JUDGMENT
Pius C.Kuriakose,J.
Notice has been served on the claimants/
respondents. But they have not entered appearance to
defend the impugned judgment.
2. Having regard to the submissions addressed
before us by Smt.Rekha C.Nair, the learned Government
Pleader and Sri.N.B.Sunilnath, the learned standing
counsel for the Railway and having made a re-appraisal of
the evidence and having anxiously gone through the
impugned judgment, we are of the view that the
enhancement granted by the reference court for both the
dry and wet lands under acquisition is excessive.
According to us, on a better assessment, the market value
of the dry lands can be re-fixed at Rs.18,000/- per Are and
the market value of the wet lands under acquisition can be
LAA No.441 of 2004 2
re-fixed at Rs.5,000/- per Are.
Setting aside the impugned judgment, we re-fix the
value of the dry lands at the rate of Rs.18,000/- per Are
and for the wet lands, at the rate of Rs.5,000/- per Are.
The appeal stands allowed to the above extent, but
without any order as to cost. The claimants will be entitled
for all statutory benefits.
PIUS C.KURIAKOSE,
JUDGE
K.SURENDRA MOHAN,
JUDGE
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