High Court Kerala High Court

State Of Kerala vs Joseph Mary on 1 December, 2009

Kerala High Court
State Of Kerala vs Joseph Mary on 1 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 289 of 2008()


1. STATE OF KERALA, REP. BY THE DISTRICT
                      ...  Petitioner

                        Vs



1. JOSEPH MARY, MANAKATTU, KURAVILANGAD,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.GEORGE MATHEW

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :01/12/2009

 O R D E R
                       M.N.KRISHNAN, J.
            ------------------------------------------
                    L.A.A. No. 289 OF 2008
            ------------------------------------------
         Dated this the 1st day of December, 2009

                            JUDGMENT

This is an appeal preferred against the award of the Land

Acquisition Court, Pala in L.A.R.8/04. 2.75 Ares of land in Survey

No.306/2/1 of Kuravilangad Village had been acquired for the

purpose of MVIP (Muvattupuzha Valley Irrigation Project). Land

Acquisition officer fixed the land value at Rs.4,790/- per Are and

Land Acquisition Court enhanced at the rate of 3,500/- per Are.

Dissatisfied with the enhancement state has come up in appeal.

The Land Acquisition Court did not find in favour of the claimant

for placing reliance on Ext.A1. It also came to the conclusion

that the land in Ext.A1 and the acquired property are not in

similar situation. But it found that the property in Ext.A2 is very

near to the acquired property. It also found that the land in

question lies in an important place and the land value at

Rs.4,700/- per Are is inadequate. So taking into consideration,

the totality of the materials available, the Court fixed the

enhanced land value at Rs.3,500/- per Are. I not find any error

L.A.A. No. 289 OF 2008
2

committed by the Land Acquisition Court. Therefore the appeal

lacks merits and it is dismissed.

M.N.KRISHNAN,
JUDGE

SS