IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1042 of 2009()
1. STATE OF KERALA, REPRESENTED BY
... Petitioner
Vs
1. CHACKO VARGHESE, S/O.KADAVIL KOCHU
... Respondent
2. SHERLY, W/O.CHACKO VARGHESE,
3. CHIEF EXECUTIVE OFFICER,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.A.AHAMED, SC, INFOPARKS
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :26/03/2010
O R D E R
PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ.
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LAA. No. 1042 of 2009
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Dated this the 26th day of March, 2010
J U D G M E N T
Pius C. Kuriakose, J.
This appeal filed by the Government pertains to
acquisition of land in Kakkanad Village for the purpose of
expansion of the Info Park. The acquisition was pursuant to
Section 4(1) notification published on 18-7-2005. The land
acquisition officer awarded land value at the rate of
Rs.1,59,600/- per Are. Before the reference court the
evidence consisted of Exts. A1 to A5, R1 to R5, AW-1, RW-1
and RW-2 and commission report C-1 and C1(a)
Commissioner’s sketch. The court below on evaluating the
evidence and particularly Ext.A2 sale deed re-fixed the land
value at Rs.3,40,092/- per Are. Even though several
grounds have been raised assailing the judgment of the
reference court and Sri.Basant Balaji, learned Govt. Pleader
addressed us on the basis of those grounds and he was ably
– 2 –
supported by Sri.P.A. Ahammed, learned counsel for the
requisitioning authority, we are not persuaded to hold that
the market value fixed by the court below is excessive.
According to us, the finding entered by the learned
Subordinate Judge regarding the market value is founded on
legal evidence available on record. We don’t find warrant
for interference. Appeal is dismissed.
PIUS C.KURIAKOSE, JUDGE
C.K. ABDUL REHIM, JUDGE
ksv/-