High Court Kerala High Court

Kerala State vs A.Ahammed Khabeer on 16 November, 2007

Kerala High Court
Kerala State vs A.Ahammed Khabeer on 16 November, 2007
       

  

  

 
 
  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.
                 ----------------------------------------------
                         L.A.A.No.430 of 2006
                 ----------------------------------------------
                   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