IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 724 of 2009()
1. GOVERNMENT OF KERALA
... Petitioner
Vs
1. KALATHIL POILAN ASSAINAR,
... Respondent
2. THE EXECUTIVE ENGINEER WSP DIVISION
For Petitioner :GOVERNMENT PLEADER
For Respondent :SMT.AMBIKA DEVI, SC, KWA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/02/2010
O R D E R
M.N. KRISHNAN, J
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L.A.A No.724 OF 2009
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Dated this the 5th day of February, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Land Acquisition Court, Thalassery in L.A.R.274/05. An extent of
0.0079 hectares of land comprised in R.Sy.No.17/1 of Kolari
Village has been acquired and Land Acquisition Officer has
awarded a total compensation of Rs.9,004/-. But the reference
court fixed the land value at Rs.10,000/- per cent and revised the
order. The appellant was examined as AW1 in the case. The
court found that the property which is a subject matter of
acquisition has got direct access to the tar road. The relied on
document Ext.A1 was not accepted for the reason that the said
property is just adjacent adjacent to the Mattannur – Kannur
main road. The court also relied upon the Commissioner’s report
to find out that the acquired properties are at residential area
near Mattannur-Kannur road and approximately 2 kms. Away
from the main junction. The court also found that the property
covered under Ext.A2 is of a similar nature and in LAR.88/04, an
L.A.A No.724/09 2
amount of Rs.10,000/- per cent has been awarded not merely
basing on Ext.A2 but on considering proximity to the Mattanur –
town. This cannot be said to be on the higher side. Therefore, it
has also be stated that the property acquired is not having a
large extent as well and therefore on that ground also the award
does not call for any interference. Therefore, I find that the
appeal lacks merits and the same is dismissed.
M.N. KRISHNAN, JUDGE.
sou.