IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1480 of 2008(D)
1. STATE OF KERALA (SPECIAL TAHSILDAR,
... Petitioner
2. THE EXECUTIVE ENGINEER, PWD LA,
Vs
1. P.K.MADHU, S/O.LATE G.RAMACHANDRANPOTTY,
... Respondent
2. S.PADMAVATHY,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.J.HARIKUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :05/06/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
- - - - - - - - - - - - - - - - - - - - -
L.A.A .No.1480 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 5th day of June, 2009
JUDGMENT
Pius.C.Kuriakose, J.
This appeal preferred by the government pertains to acquisition of land
in Kudappanakkunnu village for the purpose of widening of MC road from
Kesavadasapuram to Mannanthala. The relevant Section 4(1) notification was
published on 15-07-99 and the land acquisition officer awarded land value at
the rate of Rs. 140605/- per Are. Under the impugned judgment, the same
was enhanced by the reference court on the basis of the evidence adduced by
the claimants to Rs. 2,00,000/- per Are.
Even though Sri.P.K.Babu, learned senior Government Pleader has
addressed us very strenuously, having gone through the impugned judgment,
we are of the view that the learned Subordinate Judge was justified on the
evidence which came on record before him in granting the present
enhancement. Having regard to the importance of the locality and the
prevailing market value, the enhancement presently granted in our opinion is
only moderate. The appeal will stand dismissed.
PIUS.C.KURIAKOSE, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
sv.
