IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 486 of 2006()
1. SABIRA, D/O.IBRAHIM,
... Petitioner
Vs
1. THE SPECIAL TAHSILDAR,
... Respondent
2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
For Petitioner :SRI.C.MURALIKRISHNAN (PAYYANUR)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/11/2009
O R D E R
M.N. KRISHNAN, J.
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L.A.A. NO. 486 OF 2006
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Dated this the 17th day of November, 2009.
J U D G M E N T
This is an appeal preferred against the award of the
Land Acquisition Court, Hosdrug in LAR 32/03. An area of
0.0127 hectares of land comprised in Pallikkara village was
acquired for the purpose of doubling the Railway track from
Kannur to Uppala. The Land Acquisition officer fixed the land
value at Rs.6,274/-. Dissatisfied with the same the claimant
has come up in appeal.
2. I had perused the award meticulously and the
claimant has claimed a land value at the rate of Rs.40,000/-
and value of the well at Rs.25,000/-. The Land Acquisition
Court on a consideration of the materials found that no
evidence is forthcoming to substantiate that contention. I find
that the Land Acquisition Court did not consider the relevancy
of Ext.A2 judgment at all. Whether that property is situated
near the property acquired whether they are similar and
L.A.A. 486 OF 2006
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similarly situated lands etc. had not been considered by the
Land Acquisition Court. It is a matter that the court should
have taken into consideration. Since the matter is going back
I feel an opportunity can be further given to the claimant to
establish his contention regarding the land value. So far as
the well is concerned there is no materials supplied and I do
not want to disturb that finding.
In the result the award under challenge is set aside and
the matter is remitted back to the Land Acquisition Court for
consideration of the materials, especially Ext.A2, and also
permit the claimant to adduce evidence in support of her
contention and thereafter decide the matter in accordance with
law. Parties are directed to appear before the Land Acquisition
Court on 16.12.2009. If the claimant does not appear on that
date a notice be given to the counsel who appeared for her in
that Court.
M.N. KRISHNAN, JUDGE.
ul/-