IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 293 of 2006()
1. STATE,
... Petitioner
2. THE EXECUTIVE ENGINEER,
Vs
1. MATHEW SIMON, TC.AA/1826,
... Respondent
2. RENJI SIMON, TC.11/1826,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.GOPALAKRISHNAN NAIR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :25/09/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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L. A. A. No.293 of 2006
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Dated this the 25th day of September, 2009
JUDGMENT
Pius C. Kuriakose, J
Heard both sides. This appeal pertains to
acquisition of land in Kowdiar village for the purpose of
constructing drainage pursuant to Section 4(1)
notification dt.15/06/93. The Land Acquisition Officer
awarded land value at the rate of Rs.24901/- per Are
which was re-fixed by the Reference Court under the
impugned judgment to Rs.1,62,500/- per Are. The
above re-fixation was done by the learned Subordinate
Judge mainly on the basis of Ext.A3. Ext.A3 was in
respect of acquisition of a property lying adjacent to
the property under acquisition. Ext.A3 was pursuant to
L. A. A. No.293 of 2006 -2-
notification in 1981 i.e. some twelve years earlier.
What we find is that the court below has granted only
a slight increase over the value which was given to
Ext.A3 property in 1981. We do not find any warrant
for interference. According to us, the rate fixed under
the impugned judgment is certainly, at least equal to
the correct market value of the property at the
relevant time. The appeal will stand dismissed. No
costs.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-