IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 215 of 2007()
1. STATE OF KERALA
... Petitioner
Vs
1. BHASKARAN AJAYAKUMAR ALIAS AJAYAKOSH,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :VARGHESE PREM(NO MEMO)
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/12/2008
O R D E R
KURIAN JOSEPH & K.T.SANKARAN, JJ.
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L.A.A.No.215 of 2007
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Dated this the 9th day of December, 2008
JUDGMENT
Kurian Joseph,J.
This is an appeal filed against the judgment and
decree in L.A.R.No.122/1997 on the file of the Sub Court, Kollam.
The acquisition is for the purpose of formation of National
Highway Bye Pass. The extent involved is 4.82 Ares. Section 4
(1) notification is dated 11-11-1992. The Land Acquisition
Officer, as per the award dated 7-11-1995, fixed land value at
Rs.10,020/- and the reference court fixed it at Rs.22,450/-.
Aggrieved the State has come up in appeal.
2. The reference court found that the property in Ext.A1
(judgment in L.A.R.No.64/1996) and the property under
acquisition are for the same purpose and covered by the same
notification. In Ext.A1 the Land Acquisition Officer awarded land
value at Rs.11,022/- per Are, whereas in this case the Land
Acquisition Officer awarded only Rs.10,020/- per Are. Therefore,
following the same proportion the reference court fixed land
value at Rs.22,450/- in the place of Rs.24,700/- fixed by the
L.A.A.No.215 of 2007
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reference court in Ext.A1 judgment in L.A.R.No.64/1996. There
is no evidence for the respondent. Since the fixation made by
the reference court was based on the available evidence,
particularly Ext.A1 which has become final, there is no merit in
the appeal. It is accordingly dismissed.
(KURIAN JOSEPH, JUDGE)
(K.T.SANKARAN, JUDGE)
ahg.
KURIAN JOSEPH &
K.T.SANKARAN, JJ.
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L.A.A.No.215 of 2007
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JUDGMENT
4th December 2008