IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1190 of 2007()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
Vs
1. N.THANAPPAN NAIR, HOUSE NO. 16,
... Respondent
2. ELECTRONICS TECHNOLOGY PARKS (KERALA)
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.D.AJITHKUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :29/05/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No. 1190 OF 2007
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Dated this the 29th day of May, 2009
JUDGMENT
Pius.C.Kuriakose, J.
This appeal by the government pertains to acquisition of land for the
purpose of Electronics Techno Park at Kazhakoottom. The relevant Section 4
(1) notification was on 5-4-1994. The land acquisition officer included this
property in category 14 i.e. wet lands having no direct road access and
awarded land value at the rate of Rs. 4048/- per Are. The reference court on
the basis of the evidence which consisted of Ext.A1, oral testimony of AW1
and Exts.R1 and R2 ( copy of mahazer and copy of award note) would refix
the land value of this property at Rs.5262/- per Are i.e. increase of 30% over
what was granted by the officer.
Having gone through the impugned judgment, we feel that the
approach of the learned Judge was quite reasonable. It is more or less the
correct market of the property at the relevant time which has been arrived at
by the learned Subordinate Judge. At any rate, there is not warrant for
interfering with the impugned judgment. The appeal will stand dismissed.
PIUS.C.KURIAKOSE, JUDGE
P.Q.BARKATHALI, JUDGE
sv.