IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 225 of 2009()
1. STATE OF KERALA, REP. BY THE DISTRICT
... Petitioner
Vs
1. BALARAJAN, GEETHA BHAVAN, KULATHINKARA,
... Respondent
2. CHIEF CONSTRUCTION ENGINEER,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :26/02/2009
O R D E R
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.No. 225 OF 2009
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Dated this the 26th day of February, 2009
JUDGMENT
Pius C.Kuriakose, J.
We are not inclined to admit this appeal, which pertains to
acquisition of land in Peroorkada Village for setting up of
expansion programme of composite group and II SU of Indian
Space Research Organization pursuant to Section 4(1)
notification published on 22/4/2004. The land acquisition officer
had included this property in category No.G and awarded land
value at the rate of Rs.17,923/- per Are. The reference Court, on
considering the evidence adduced by the claimants, refixed the
land value at Rs.32,500/- per Are. Present case was not a case
in isolation. The reference court considered and decided other
reference cases involving the properties in other categories. That
court on a uniform basis enhanced the land value awarded by the
land acquisition officer by 80% in all the categories.
2. We had occasion to consider the appeals pertaining to
other categories of properties. We had found under our
judgment that the enhancement by 80% given by the officer is
L.A.A.No.225/2009 2
justified. After all, the property was in Peroorkada Village within
the city limits of the Thiruvananthapuram Corporation and on
going through the impugned judgment, we feel that the approach
of the learned Judge was quite reasonable.
The appeal will stand dismissed in limine.
PIUS.C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM, JUDGE
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