IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 679 of 2009(D)
1. STATE OF KERALA REPRESENED BY
... Petitioner
2. THE DIVISIOANL FOREST OFFICER,
Vs
1. URUMBIL SCARIA, S/O.PHILIP,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :25/06/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.679 OF 2009
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Dated this the 25th day of June, 2009
JUDGMENT
Pius.C.Kuriakose, J.
Even though Sri.Bijoy Chandran, learned Government Pleader
has addressed us strenuously and persuasively, we are not inclined to
entertain this appeal which pertains to acquisition of land with
improvements in Kottiyoor village for the purpose of Elephant
Corridor. The relevant Section 4(1) notification was published on
11-11-1999. The land acquisition officer awarded land value at the rate
of Rs. 405/- per cent which was enhanced by the reference court to
Rs. 1000/- per cent. Towards value of improvements, a sum of
Rs. 16165 was awarded . The reference court would award an increase
of 20% over the same. Thus awarding a further amount of Rs. 32330/-
towards value of improvements. It is brought to our notice that
refixation of land value from Rs. 405/- to Rs. 1000/- per cent has been
approved by this court in other cases. Therefore, we do not find any
warrant at all for interfering with the refixation of market value. As for
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refixation of value of improvements, what we find is that it is only only
a nominal increase which has been given by the reference court based
on evidence. The total amount of increase towards value of
improvements is only Rs. 32330/- We are not inclined to interfere with
the same. The learned Government Pleader would submit that the court
below should have deducted the value of the standing space of the
improvements from the total compensation. The above submission
certainly has some appeal. But we feel that in the absence of any
specific ground raised in that context in the memorandum of appeal, we
will not be justified in accepting the same.
The result is that the appeal will stand dismissed without any
order as to costs.
PIUS.C.KURIAKOSE
JUDGE
P.Q.BARKATH ALI
JUDGE
sv.
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