IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1069 of 2008()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
2. THE EXECUTIVE ENGINEER, NH DIVISION,
Vs
1. C.VIJAYAN ASARI, PARAVILA VEEDU,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :30/06/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. No.1069 of 2008
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Dated 30th June, 2008.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and
decree in LAR 141/04 on the file of the First Additional Sub Court,
Thiruvananthapuram. The acquisition is for the purpose of
construction of National Highway bye pass from Kovalam to
Mukkola Reach I. The extent involved is only 1.11 Ares. The
Land Acquisition Officer fixed the land value at Rs.75,467/- per
Are. Based on the evidence of AW1 and the Advocate
Commissioner, the reference court fixed the land value at
Rs.1,50,000/- per Are. The claim was for an amount of Rs.5 lakhs
per cent. On an appreciation of the evidence, it was found that
the property is situated in a very important locality. The court
found that item No.4 mentioned in Ext.R3, which is included in
category A is similar and similarly situated, as both lands are
situated adjacent to the main road having road frontage. In view
of the locational advantages of both properties, and the acquired
property thus being similar and similarly situated as item No.4,
the land value was fixed at Rs.1,50,000/- per Are. There is no
LAA NO.1069/08 2
evidence to the contra on the side of the respondent. Therefore,
we find no merit in the appeal. It is accordingly dismissed.
I.A.No.2386/08 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ
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L.A.A. No.1069 of 2008
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J U D G M E N T
Dated 30th June, 2008.