High Court Kerala High Court

State Of Kerala Rep. By The vs M.K.Janardhanan on 23 September, 2009

Kerala High Court
State Of Kerala Rep. By The vs M.K.Janardhanan on 23 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 831 of 2007()


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

                        Vs



1. M.K.JANARDHANAN, KANNATH HOUSE,
                       ...       Respondent

2. M.K.RAJAGOPALAN, KANNATH HOUSE,

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  :SRI.C.KHALID

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :23/09/2009

 O R D E R
                    PIUS C.KURIAKOSE &
                 K.SURENDRA MOHAN, JJ.
              -------------------------------------------
               L.A.Appeal No.831 of 2007
              -------------------------------------------
       Dated this the 23rd day of September, 2009

                           JUDGMENT

Pius C.Kuriakose,J.

The property under acquisition in this case was included

in category-D by the Land Acquisition Officer. The judgment

and decree under appeal are set aside and the LAR is

remanded to the reference court. The reference court will

enquire into the question whether the properties under

acquisition were enjoying frontage of any road. If the enquiry

reveals that the property was enjoying frontage of any road,

then the learned subordinate judge will include the property in

category-c and award land value at the rate of Rs.26,730/-. If

the enquiry reveals that the property is enjoying frontage of

any road, the value to be awarded will be Rs.21,384/-. The

appeal is allowed by way of remand.

PIUS C.KURIAKOSE,
JUDGE

K.SURENDRA MOHAN,
JUDGE

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