High Court Kerala High Court

State Of Kerala (Special … vs Kunhappu on 29 July, 2009

Kerala High Court
State Of Kerala (Special … vs Kunhappu on 29 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 613 of 2008()


1. STATE OF KERALA (SPECIAL TAHSILDAR, LA
                      ...  Petitioner

                        Vs



1. KUNHAPPU, S/O.CHANDRAN, THOTTIYIL HOUSE
                       ...       Respondent

2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SMT.T.SUDHAMANI

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :29/07/2009

 O R D E R
          PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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                           L.A.A.No.613 OF 2008
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                    Dated this the 29th day of July, 2009

                                JUDGMENT

Pius.C.Kuriakose, J.

We are not inclined to entertain this appeal any longer. The

acquisition was of property in Uduma village pursuant to Section 4(1)

notification published on 17/07/2003. The purpose was doubling of

railway track from Thrikkaripur to Uppala. The land acquisition

officer awarded land value at the rate of Rs. 3294/- per cent. The main

item of evidence adduced by the claimants was Ext.A2 judgment.

Ext.A2 was in respect of acquisition in 1997. Under Ext.A2, for

properties in the same village land value had been refixed at

Rs. 30,000/- per cent. What the court below has done is to rely on

Ext.A2 and refixed the land value at Rs. 25,000/- per cent taking into

consideration of the passage of time. We are of the view that the

reliance placed on Ext.A2 and the fixation of land value in the present

manner was proper. The court below awarded enhanced structure

value of Rs. 1 lakh also. The above award is also supported by legal

LAA.No.613/08 2

evidence which consisted of report of the Commissioner and valuation

report submitted by the Engineer. The appeal accordingly will stand

dismissed.

PIUS.C.KURIAKOSE
JUDGE

P.Q.BARKATH ALI
JUDGE

sv.

LAA.No.613/08 2