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