IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 768 of 2004(B)
1. STATE OF KERALA.
... Petitioner
Vs
1. C. SANTHANAVALLY, W/O. YESODHARAN,
... Respondent
For Petitioner :SRI.V.K.BEERAN, ADDL.ADVOCATE GENERAL
For Respondent :SRI.B.SURESH KUMAR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :15/01/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.Nos.768 and 990 2004
399 of 2006 & 1579 of 2007
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Dated 15th January, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln.Nos.1549/04 in LAA 768/04, 584/06 in LAA 399/06,
1938/07 in LAA 1579/07 : Delay condoned.
The appeals are filed by the State aggrieved by the
fixation of land value by the reference court-Principal Sub Court,
Kollam. The acquisition is for the purpose of construction of
Kollam National Highway bye pass from Thattamala to Ayathil.
The properties are situated in Vadakkevila Village. We have
already considered a similar matter, leading to judgment dated
24.9.2007 in LAA 1839/02 and 307/07. In the said case, we have
taken the view that the fixation of land value at Rs.10,000/- per
cent in the first category of cases cannot be said to be excessive
or unreasonable and proportionate reduction of 5% in the second
category cases with Panchayat road also cannot be said to be
excessive or unreasonable. Having gone through the records in
these cases, we find that the fixation of market value at
Rs.10,000/- per cent is just, fair, proper and reasonable, and
LAA NO.768/04 & connected cases 2
proportionate reduction is also justified. In that view of the
matter, we do not find any merit in these appeals. They are
accordingly dismissed. The interlocutory applications for stay are
also dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ
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L.A.A. NO.768 and 990 2004
399 of 2006 & 1579 OF 2007
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J U D G M E N T
Dated 15th January, 2008.