IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1145 of 2007()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
Vs
1. NIRMALA MOHAN, SREEVILAS,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.U.K.RAMAKRISHNAN (SR.)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :23/09/2009
O R D E R
PIUS C.KURIAKOSE &
K.SURENDRA MOHAN, JJ.
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L.A.Appeal No.1145 of 2007
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Dated this the 23rd day of September, 2009
JUDGMENT
Pius C.Kuriakose,J.
The lands under acquisition in this case were included in
category-D by the Land Acquisition Officer.
2. We set aside the judgment and decree under appeal and
remand the LAR to the reference court for deciding whether the
lands were enjoying frontage of any road. If the enquiry
reveals that the property was enjoying road frontage, the
learned subordinate judge will include the property in
category-c and award land value of Rs.26,730/-. If the enquiry
reveals that the property was not enjoying road frontage, the
land will be retained in category-D and the reference court will
award land value at the rate of Rs.21,384/-, in the light of the
findings entered by this Court in connected matters. The award
passed by the learned subordinate judge towards injurious
affection is confirmed.
The appeal is allowed.
PIUS C.KURIAKOSE,
JUDGE
K.SURENDRA MOHAN,
JUDGE
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