High Court Kerala High Court

State Of Kerala Rep. By The Special vs K.Sheeba Kumari on 11 November, 2010

Kerala High Court
State Of Kerala Rep. By The Special vs K.Sheeba Kumari on 11 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 31 of 2008()


1. STATE OF KERALA REP. BY THE SPECIAL
                      ...  Petitioner

                        Vs



1. K.SHEEBA KUMARI, KELOL HOUSE
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.A.RANJITH NARAYANAN

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :11/11/2010

 O R D E R
                      HARUN-UL-RASHID, J.
                       ------------------------
                       L.A.A.No.31 Of 2008
                        ----------------------
           Dated this the 11th day of November, 2010.

                          J U D G M E N T

State of Kerala is the appellant. The appeal is directed

against the judgment and decree in L.A.R.No.163/2000 on the

file of the Principal Sub Court, Kozhikode. The property of the

respondent was acquired for the purpose of Calicut bye-pass.

Section 4(1) notification of the Land Reforms Act was issued on

24.1.1998. The Land Acquisition Officer fixed the land value at

Rs.10,453/- per cent for garden land and Rs.8,761/- per cent for

wet land. The reference court re-fixed the land value at

Rs.35,000/- per cent for garden land and Rs.20,000/- per cent

for wet land. Challenging the quantum of compensation awarded

by the reference court, the State has preferred this appeal.

2. This reference case was tried along with 7 other

connected cases. Similarly, appeals preferred by the State of

Kerala against the judgment and decree passed by the court in

connected cases are dismissed by this Court confirming the

decree and judgment passed by the reference court. It is

L.A.A.No.31 Of 2008

::2::

brought to the notice of this Court that the judgment dated

31.3.2006 in L.A.A.No.370/2005 was preferred challenging the

decree and judgment in L.A.R.No.159/2000. L.A.R.No.159/2000

was tried along with the present case under reference. This

Court confirmed the land value fixed by the reference court. In

the circumstances, no valid grounds are made out by the State

for interference.

Accordingly, the appeal fails and dismissed.

HARUN-UL-RASHID,
Judge.

bkn/-