High Court Kerala High Court

State Of Kerala Rep. By The vs George Jacob on 8 July, 2008

Kerala High Court
State Of Kerala Rep. By The vs George Jacob on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 231 of 2008()


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

                        Vs



1. GEORGE JACOB, THEKKE VEETTIL
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.R.MANOJ

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :08/07/2008

 O R D E R
                         PIUS C. KURIAKOSE,J.
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                           L.A.A.No.231 of 2008
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                            Dated: 8th July, 2008

                                 JUDGMENT

I am not inclined to admit this appeal preferred by the

Government against the award of the land acquisition reference

court. The acquisition was pursuant to a notification under Section 4

(1) dated 6.7.1999 for the purposes of Kesavadasapuram-

Mannanthala Reach of the four lane road in Kudappanakunnu village.

As against the land value of Rs.1,40,605/- per are fixed by the land

acquisition officer, the reference court would refix the land value at

Rs.2,50,000/- per are. The evidence before the reference court

consisted of mainly on Ext.A1 judgment in LAR No.4/01. Having gone

through the judgment of the reference court, I am of the view that

the learned Subordinate Judge was justified in placing reliance on

Ext.A1 since Ext.A1 was for various reasons a relevant judgment. It is

brought to my notice that Ext.A1 has attained finality in the sense

that the appeal preferred by the Government against the same has

been dismissed. It is also brought to my notice that against LAR

No.152/2000, a judgment which was relied on in Ext.A1 also there

LAA No.231/08 – 2 –

was no appeal. For both the above reasons, the appeal will stand

dismissed.

srd                            PIUS C.KURIAKOSE, JUDGE