State Of Kerala (Special … vs P.K.Madhu on 5 June, 2009

Kerala High Court
State Of Kerala (Special … vs P.K.Madhu on 5 June, 2009
       

  

  

 
 
  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
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