IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 350 of 2010()
1. STATE OF KERALA, REPRESENTED BY
... Petitioner
Vs
1. SAJ JACOB, S/O CHACKO,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :19/05/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.No.350 OF 2010
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Dated this the 19th day of May, 2010
JUDGMENT
Pius C.Kuriakose, J.
We are not inclined to admit this appeal filed by the
Government. The acquisition pertains to land in Manakkad
village and was for the purpose of construction of Thodupuzha
Bye-Pass road. The relevant Section 4(1) notification was
published on 12/6/2002. The Land Acquisition Officer awarded
land value at the rate of Rs.17,561/- per Are. The Reference
Court in the impugned judgment refixed the same at Rs.57,733/-
per Are.
2. Having regard to the judgment of this court in State of
Kerala v. Jose Simon (2009 (1) KLT 760) and various other
decisions of this court pertaining to acquisition of land in
Manakkad village during the period 1989 and thereafter, we are
of the view that the enhancement granted by the court below is
justified and the Government cannot have any legitimate
grievance regarding the impugned judgment.
LAA.No. 350/2010 2
Accordingly, the appeal will stand dismissed, but without
any order as to costs.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk