State Of Kerala Rep.By The vs Melathil Ahammed on 23 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1348 of 2007()


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

                        Vs



1. MELATHIL AHAMMED,S/O.VEERAN,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SMT.PRABHA R.MENON

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.1348 of 2007
             -------------------------------------------
       Dated this the 23rd day of September, 2009

                          JUDGMENT

Pius C.Kuriakose,J.

This property is included in category-D by the Land

Acquisition Officer. The judgment and decree under appeal

are set aside and the reference case is remanded to the L.A.

Court. The Court is directed to hold further enquiry and

decide whether the land under acquisition was enjoying the

frontage of any road. If the enquiry reveals that the land was

enjoying frontage of some road, the property should be

included in category-C and land value of Rs.26,730/- per cent

should be awarded. If the enquiry reveals that there is no

road frontage, the court will follow our findings and re-fix the

land value at Rs.21,384/- per cent. The appeal is allowed by

way of remand. No costs.

PIUS C.KURIAKOSE,
JUDGE

K.SURENDRA MOHAN,
JUDGE

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