High Court Kerala High Court

Yesodayamma Girijamma vs State Of Kerala on 26 May, 2009

Kerala High Court
Yesodayamma Girijamma vs State Of Kerala on 26 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 408 of 2009()


1. YESODAYAMMA GIRIJAMMA,THEKKECHEKKANATTU
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REP.BY THE SPECIAL
                       ...       Respondent

2. THE MANAGING DIRECTOR,KSIDC,

                For Petitioner  :SRI.H.RAMANAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :26/05/2009

 O R D E R
          PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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                            L.A.A..No.408 OF 2009
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                     Dated this the 26th day of May, 2009

                                 JUDGMENT

Pius.C.Kuriakose, J.

The ground which is prominently raised by the appellant in this

appeal is that the land acquisition officer and the reference court went

wrong in treating the acquired property as property included in

category No.3 namely interior dry land without road frontage.

Sri.H.R.Ramanan, learned counsel for the appellant has very

persuasively submitted before us that the Commissioner’s report will

reveal that the distance between Cherthala-Arookutty main road and

the acquired property is only 50 meters. According him, in view of the

nearness of the appellant’s property to the main road, the property

should have been included in category No.2 and granted higher value

on that basis.

2. We are unable to accept the submission of Sri.Ramanan.

The categorisation adopted by the land acquisition officer in these

cases was approved by this court in a large number of cases pertaining

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to acquisition for the same purpose and pursuant to the same

notification. Category No.3 as per the award of the officer was interior

dry land without any road frontage, while category No.2 was dry land

enjoying direct frontage of the Panchayat road. Even though the

Commissioner’s report supports the submission of Sri.Ramanan that the

acquired property was situated at a distance of 50 meters from the main

road in the locality, the fact remains that the property did not enjoy the

direct frontage of the Panchayat road or for that matter any other road.

This being the position, it is difficult to accept the argument of

Sri.Ramanan that the acquired property should have been included in

category No.2 and not in category No.3. As for the enhancement

granted for the properties treating them in category No.3, it is to be

noticed that such enhancement has been approved by this court in a

large number of other cases. The appeal will stand dismissed. No

costs.

PIUS.C.KURIAKOSE
JUDGE

P.Q.BARKATH ALI
JUDGE
sv.

LAA.No.408/09 2