IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 455 of 2010()
1. STATE OF KERALA REP. BY THE
... Petitioner
Vs
1. KUNHIMUHAMMED,
... Respondent
2. THE DEPUTY CHIEF ENGINEER,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :27/05/2010
O R D E R
PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.
-----------------------------------------------
LAA. No. 455 of 2010
-----------------------------------------------
Dated this the 27th day of May, 2010
J U D G M E N T
Pius C.Kuriakose, J.
We don’t find any warrant for interference with the
judgment which is impugned in this appeal. The property
was in Ongallur II Village and the acquisition was for the
purpose of doubling of railway track between Shornur –
Pattambi Division. Section 4(1) notification was published
on 19-8-2002. The Land Acquisition Officer awarded land
value at the rate of Rs.4050/- per cent and under the
impugned judgment it was enhanced to Rs.15,000/- per
Are. On going through the impugned judgment we find that
it was relying on Ext.A1 sale deed reflecting a land value of
Rs.20,000/- per cent and also the judgment of the same
court in LAR. No. 22 of 2004 pertaining to acquisition for the
same purpose pursuant to the same notification that the
learned Sub Judge granted enhancement. The court below
-2-
did not give the full value reflected in Ext.A1. The court
below made a deduction taking into account the lie and
nature of this property. It is brought to our notice that the
judgment in LAR. No. 22 of 2004 has become final in the
sense that no appeal was preferred. On both these reasons
the impugned judgment has to be approved. We do so. We
dismiss the appeal.
(PIUS C.KURIAKOSE, JUDGE)
(C.K.ABDUL REHIM, JUDGE)
ksv/-
-3-