IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 430 of 2006()
1. KERALA STATE, REPRESENTED BY
... Petitioner
Vs
1. A.AHAMMED KHABEER,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.R.JAYAKRISHNAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :16/11/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No.430 of 2006
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Dated 16th November, 2007.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln.647/06 : Delay condoned.
This appeal is directed against the judgment and decree in
LAR 110/99 on the file of the Sub Court, Thiruvananthapuram. The
acquisition is for Kovalam bye-pass. Section 4(1) notification was
issued on 11.3.1994. The Land Acquisition Officer awarded the land
value at the rate of Rs.19,730/- per Are. The reference court fixed the
land value at Rs.48,165/- per Are. The court below found that Ext.A1
property is similar and comparable to the acquired land. Ext.A1 is
executed in the year 1993. Section 4(1) notification is of 1994. The
extent involved is only 2.35 Ares. In view of the evidence as above
regarding similarity and comparability of the acquired property with
the property covered by Ext.A1, we do not find any merit in the
appeal. It is accordingly dismissed.
I.A.1648/06 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs