IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 956 of 2009(D)
1. STATE OF KERALA REP.BY THE SPECIAL
... Petitioner
Vs
1. VICTORIA J.,PADIYANGADAN, HOUSE NO.EP
... Respondent
2. THE MANAGING DIRECTOR, ROADS & BUILDINGS
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.VIJAYAKUMAR(NO VAK)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :28/08/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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L. A. A. No.956 of 2009
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Dated this the 28th day of August, 2009
JUDGMENT
Pius C. Kuriakose, J
We do not find any warrant for interference with
the judgment under appeal. The case pertains to
acquisition of land in Elathur village in Calicut district
for the purpose of construction of Railway over bridge.
The property was enjoying frontage of existing
National Highway. The relevant Section 4(1)
notification was published on 02/12/2000. The Land
Acquisition Officer awarded land value at the rate of
Rs.20,090/- per cent which was enhanced by the
Reference Court at Rs.60,000/- per cent. The main
item of evidence was Ext.A1 and report of the
Commissioner. In Ext.A1, the distance between Ext.A1
property and acquired property was 50 metres. Ext.A1
L. A. A. No.956 of 2009 -2-
reveal a centage value of Rs.1 lakh. The learned
Subordinate Judge did not become inclined to award
the entire centage value revealed in Ext.A1 for the
reason that the Advocate Commissioner did not
inspect and compare Ext.A1 property with the
acquired property. But the Advocate Commissioner
recommended for much more than what is now
awarded. We feel that the appreciation of evidence by
the learned Subordinate Judge was proper and it is
more or less the correct market value of the property
at the relevant time which has been arrived at under
the impugned judgment.
The appeal will stand dismissed. No costs.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-