IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 613 of 2008()
1. STATE OF KERALA (SPECIAL TAHSILDAR, LA
... Petitioner
Vs
1. KUNHAPPU, S/O.CHANDRAN, THOTTIYIL HOUSE
... Respondent
2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
For Petitioner :GOVERNMENT PLEADER
For Respondent :SMT.T.SUDHAMANI
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :29/07/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.613 OF 2008
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Dated this the 29th day of July, 2009
JUDGMENT
Pius.C.Kuriakose, J.
We are not inclined to entertain this appeal any longer. The
acquisition was of property in Uduma village pursuant to Section 4(1)
notification published on 17/07/2003. The purpose was doubling of
railway track from Thrikkaripur to Uppala. The land acquisition
officer awarded land value at the rate of Rs. 3294/- per cent. The main
item of evidence adduced by the claimants was Ext.A2 judgment.
Ext.A2 was in respect of acquisition in 1997. Under Ext.A2, for
properties in the same village land value had been refixed at
Rs. 30,000/- per cent. What the court below has done is to rely on
Ext.A2 and refixed the land value at Rs. 25,000/- per cent taking into
consideration of the passage of time. We are of the view that the
reliance placed on Ext.A2 and the fixation of land value in the present
manner was proper. The court below awarded enhanced structure
value of Rs. 1 lakh also. The above award is also supported by legal
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evidence which consisted of report of the Commissioner and valuation
report submitted by the Engineer. The appeal accordingly will stand
dismissed.
PIUS.C.KURIAKOSE
JUDGE
P.Q.BARKATH ALI
JUDGE
sv.
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