High Court Kerala High Court

State Of Kerala Represented By vs V.P.Pyleekutty on 20 July, 2009

Kerala High Court
State Of Kerala Represented By vs V.P.Pyleekutty on 20 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 492 of 2008()


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

                        Vs



1. V.P.PYLEEKUTTY, T.C.3/1929
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :20/07/2009

 O R D E R
               PIUS C. KURIAKOSE &
               P. Q. BARKATH ALI, JJ.
           ------------------------------------------------
                  L. A. A. No.492 of 2008
           ------------------------------------------------
            Dated this the 20th day of July, 2009

                          JUDGMENT

Pius C. Kuriakose, J

This appeal remains defective on the reason that

notice sent to the claimant/respondent is returned

with the endorsement unserved. But we find that the

appeal pertains to widening of road from

Kesavadasapuram to PMG Reach-I pursuant to Section

4(1) notification published on 15/02/99. The Land

Acquisition Officer awarded land value at the rate of

Rs.3,34,334/- per Are which was re-fixed by the

Reference Court under the impugned judgment to

Rs.6,10,493/- per Are. It is brought to our notice that

this Court vide judgment in L.A.A.764/08 and many

other cases approved grant of enhancement at the

L. A. A. No.492 of 2008 -2-

same rate in cases relating to acquisition of identical

properties.

Appeal accordingly will stand dismissed.

PIUS C. KURIAKOSE
JUDGE

P. Q. BARKATH ALI
JUDGE
kns/-