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State Of Kerala Represented By The vs C.P.Subhashkumar on 20 October, 2010

Kerala High Court
State Of Kerala Represented By The vs C.P.Subhashkumar on 20 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 217 of 2010()


1. STATE OF KERALA REPRESENTED BY THE
                      ...  Petitioner
2. THE EXECUTIVE ENGINEER,

                        Vs



1. C.P.SUBHASHKUMAR, S/O.KAMALAKSHY AMMA,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :20/10/2010

 O R D E R
         M.N. KRISHNAN & K.T. SANKARAN, JJ.
            = = = = = = = = = = = = = =
              R.P. No. 217 OF 2010 IN
               L.A.A. No. 721 OF 2005
           = = = = = = = = = = = = = = =
      Dated this the 20th day of October, 2010.

                     O R D E R

Krishnan, J.

This review petition is preferred to review

the judgment in L.A.A.721/05. The said appeal

was preferred against the award of the

Subordinate Judge, Kozhikode in L.A.R.245/00.

The Division Bench of this Court jointly

disposed of the matters taking into

consideration the award passed in L.A.R.479/97

which was the subject matter of appeal in

L.A.A.774/06. Now it is contended that the said

judgment has been recalled and therefore the

matter requires review.

2. A perusal of the award appealed against

would show that 0.0180 hectares of garden land

R.P. No. 217 OF 2010 IN
L.A.A. No. 721 OF 2005
-:2:-

and 0.022 hectares of wet land in Sy.No.76/9 of

Nellikode village had been acquired and the

Court had fixed the land value at Rs.63,500/-

for garden land and Rs.59,850/- for the wet

land. A perusal of the award passed by the Land

Acquisition Court would reveal that it not only

relied upon the judgment in L.A.R.491/77 but

also relied upon the judgment in L.A.R.168/00.

It can be stated that the land value of the

property was fixed after taking into

consideration the various materials. Ext.A3

therein is a certified copy of the judgment in

L.A.R.168/00. Ext.A3 is relied upon and it is

stated in that case that the property covered is

situated about one km. away from the acquired

property and it is a water logged area lying in

a lower level. The notification with respect to

R.P. No. 217 OF 2010 IN
L.A.A. No. 721 OF 2005
-:3:-

the land acquired in the above said reference is

in the year 1998. It is true that the Court has

also mentioned about the judgment in

L.A.R.479/97. So after taking into consideration

the materials the Court felt hat 5% enhancement

has to be given as acquisition in L.A.R.479/97

was as early as in the year 1993 and accordingly

the land value has been fixed. A perusal of the

entire award would reveal the nature of the

land, fertility of the land etc. It is very

clearly stated the entire properties are

adjacent lands situated within a distance of 200

mtrs. from Thondayad Bazar. It is also stated

that number of business establishments and

governmental educational institutions and

residential complexes are situated in that

property. So only taking into consideration the

R.P. No. 217 OF 2010 IN
L.A.A. No. 721 OF 2005
-:4:-

totality of the materials the Land Acquisition

Court has fixed the land value. Therefore just

because there is a reduction by this Court in

L.A.A.774/06 it will not militate against the

award passed by the Land Acquisition Court.

Therefore this review petition is dismissed.

M.N. KRISHNAN, JUDGE.

K.T. SANKARAN, JUDGE.

ul/-

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