IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 442 of 2009()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
Vs
1. P.MUHAMMAD SABIB, VAZHIYARIKATHU VEEDU,
... Respondent
For Petitioner :ADDL.ADVOCATE GENERAL
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :21/05/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No. 442 OF 2009
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Dated this the 21st day of May, 2009
JUDGMENT
Pius.C.Kuriakose, J.
This appeal preferred by the Government pertains to acquisition
of land in Vanchiyoor village pursuant to a notification under Section
4(1) published on 14/05/1997. The purpose of the acquisition was
widening of the road from over bridge to Pazhavangadi in
Thiruvananthapuram city corporation. It goes without saying that the
acquired property was situated in the most important area of the
Thiruvananthapuram Corporation in terms of trade and commerce. It is
fairly conceded by the learned Government Pleader that the
enhancement presently granted by the reference court i.e. from
Rs. 547289/- per Are to rs. 1731306/- per Are was confirmed by a
Division Bench of this court. The learned Government Pleader
submitted that against that judgment, the Government has preferred a
Special Leave Petition before the Supreme Court and hence requested
that this appeal also be admitted.
LAA.No.452/09 2
Having regard to the location and lie of the property, we are of
the view that the enhancement granted by the reference court is
reasonable. More over, a Division Bench of this court has approved
the above enhancement. We do not find any justification for admitting
this appeal. The appeal will stand dismissed in limine.
PIUS.C.KURIAKOSE
JUDGE
P.Q.BARKATH ALI
JUDGE
sv.
LAA.No.452/09 2