High Court Kerala High Court

State Of Kerala Rep. By The vs Kunnatheri Sivanandan on 28 June, 2010

Kerala High Court
State Of Kerala Rep. By The vs Kunnatheri Sivanandan on 28 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1191 of 2009()


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

                        Vs



1. KUNNATHERI SIVANANDAN,
                       ...       Respondent

2. THE EXECUTIVE ENGINEER,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.P.V.KUNHIKRISHNAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :28/06/2010

 O R D E R
      PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
         ------------------------------------------------------
         L.A.A. Nos.1191, 1245 and 1320 of 2009
         ------------------------------------------------------
             Dated this the 28th day of June, 2010

                         J U D G M E N T

———————-

Pius C.Kuriakose,J.

These three appeals are preferred by the

Government. They pertain to acquisition of wet lands in

Chevayur Village for the purpose of construction of Kozhikode

Bye-pass pursuant to Section 4(1) notification published on

9.12.1993. We have today by detailed judgment disposed of

LAA.No.774/2006 directed against the court award in

LAR.479/1997. Under that judgment we have re-fixed the

market value of the wet lands under acquisition at Rs.50,000/-

per cent. We notice that the rates awarded by the reference

court in these three appeal is below that rate. Hence we do

not find any warrant for interference at the instance of the

Government in these appeals. Hence we dismiss all these

appeals without any order as to costs.

PIUS C.KURIAKOSE, JUDGE.

C.K.ABDUL REHIM, JUDGE.

okb