IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1883 of 2008()
1. STATE OF KERALA, BY THE SPECIAL
... Petitioner
Vs
1. AVEEKARA DINESAN, KRISHNALAYAM,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :15/10/2008
O R D E R
PIUS C. KURIAKOSE,J.
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L.A.A.No.1883 of 2008
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Dated: 15th October, 2008
JUDGMENT
This appeal by the Government pertains to acquisition of land in
Nellikode Village in Kozhikode District for the purpose of widening of
Pottammal-Manathalathazham road pursuant to a notification under
Section 4(1) dated 24.12.1993. The Land Acquisition Officer awarded
land value at the rate of Rs.13446/- per cent which was enhanced by
the reference court to Rs.30,000/- per cent. It was mainly relying on
Exts.A1 and A2 and the Commissioner’s report Ext.C1 that the
learned Subordinate Judge granted such enhancement. Ext.A1 was
the appellate judgment pertaining to LAR No.280/94 and Ext.A2 was
the judgment pertaining to LAR No.119/98. It was noticed that
Exts.A1 and A2 were in respect of acquisition for the same village
pursuant to another notification under Section 4(1) which was slightly
earlier to the relevant Section 4(1) notification in this case. The
comparability of Exts.A1 and A2 properties with the acquired
properties in this case was reported by the Commissioner. Even after
remand, the Government did not adduce any counter evidence.
Having gone through the judgment, I am of the view that the learned
Subordinate Judge was justified in relying on Exts.A1 and A2 which
LAA No.1883/08 – 2 –
had become final. In view of the finality attained by Exts.A1 and A2,
there is no warrant for interference. The appeal fails and the same
will stand dismissed.
srd PIUS C.KURIAKOSE, JUDGE