High Court Kerala High Court

State Of Kerala Represened By vs Urumbil Scaria on 25 June, 2009

Kerala High Court
State Of Kerala Represened By vs Urumbil Scaria on 25 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 679 of 2009(D)


1. STATE OF KERALA REPRESENED BY
                      ...  Petitioner
2. THE DIVISIOANL FOREST OFFICER,

                        Vs



1. URUMBIL SCARIA, S/O.PHILIP,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :25/06/2009

 O R D E R
          PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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                             L.A.A.No.679 OF 2009
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                      Dated this the 25th day of June, 2009

                                  JUDGMENT

Pius.C.Kuriakose, J.

Even though Sri.Bijoy Chandran, learned Government Pleader

has addressed us strenuously and persuasively, we are not inclined to

entertain this appeal which pertains to acquisition of land with

improvements in Kottiyoor village for the purpose of Elephant

Corridor. The relevant Section 4(1) notification was published on

11-11-1999. The land acquisition officer awarded land value at the rate

of Rs. 405/- per cent which was enhanced by the reference court to

Rs. 1000/- per cent. Towards value of improvements, a sum of

Rs. 16165 was awarded . The reference court would award an increase

of 20% over the same. Thus awarding a further amount of Rs. 32330/-

towards value of improvements. It is brought to our notice that

refixation of land value from Rs. 405/- to Rs. 1000/- per cent has been

approved by this court in other cases. Therefore, we do not find any

warrant at all for interfering with the refixation of market value. As for

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refixation of value of improvements, what we find is that it is only only

a nominal increase which has been given by the reference court based

on evidence. The total amount of increase towards value of

improvements is only Rs. 32330/- We are not inclined to interfere with

the same. The learned Government Pleader would submit that the court

below should have deducted the value of the standing space of the

improvements from the total compensation. The above submission

certainly has some appeal. But we feel that in the absence of any

specific ground raised in that context in the memorandum of appeal, we

will not be justified in accepting the same.

The result is that the appeal will stand dismissed without any

order as to costs.

PIUS.C.KURIAKOSE
JUDGE

P.Q.BARKATH ALI
JUDGE

sv.

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