IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 680 of 2009(D)
1. STATE OF KERALA
... Petitioner
2. THE EXECUTIVE ENGINEER,
Vs
1. AMINA HAJUMMA, KANHIROLI THAZHE KUNIYIL,
... Respondent
2. MUHAMMED NASIF, KANHIROLI THAZHE KUNIYIL
3. ABU SHIRAD, KANHIROLI THAZHE KUNIYIL,
4. MEENA MISRI, KANHIROLI THAZHE KUNIYIL,
5. SMITHA AHAMMED,
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 :26/06/2009
O R D E R
PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ.
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LAA. No. 680 of 2009
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Dated this the 26th day of June, 2008
J U D G M E N T
Pius C.Kuriakose, J.
Even though Mr.Basant Balaji, learned senior Govt.
Pleader has addressed us very strongly, we are not
persuaded to admit this appeal. The case pertains to
acquisition of land in Atholi Village for the purpose of
construction of bridge and approach road at Kuniyil Kadavu.
The relevant section 4(1) notification was published on 27-
2-2004. The land acquisition officer awarded land value at
the rate of Rs.5,795/- per cent. The reference court under
the impugned judgment re-fixed the same at Rs.16,000/-.
The parties placed reliance on Ext.A2 and the report and the
recommendation of the Advocate Commissioner who
inspected the acquired property as well as the property
covered under Ext.A2 that both the properties are
comparable and that based on Ext.A2 a sum of Rs.28,000/-
LAA. N0. 680/09
-2-
which is the value revealed in Ext.A2 can be granted. The
learned Subordinate Judge rejected the commissioner’s
report on the reason that the Commissioner has not stated
in his report as to whether A2 property was having nearness
to any public or private institutions. According to us, there
cannot be any challenge against the re-fixation of market
value at the instance of the Government. The appeal will
stand dismissed. No costs.
(PIUS C.KURIAKOSE, JUDGE)
(P.Q. BARKATH ALI, JUDGE)
ksv/-