IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1555 of 2008()
1. STATE OF KERALA, REPRESENTED BY THE
... Petitioner
2. THE EXECUTIVE ENGINEER, N.H. DIVISION,
Vs
1. E.G. SILAS, AMBADY RETREAT,
... Respondent
2. RENJIT @ SYLUS.
3. HUMARVIN SYLUS, AMBADY RETREAT,
4. FLORIDA ABRAHAM SYLUS, W/O HUMARVIN
5. SUJATHA LISBEU CRAQNE, D/O HUMARVIN
6. PRADEEP @ SYLUS, RESIDING AT 15,
7. AJITH DANIEL SYLUS, RESIDING AT 15,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :04/09/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No.1555 of 2008
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Dated this the 4th day of September, 2008
JUDGMENT
Kurian Joseph,J.
This is an appeal filed by the State aggrieved by the
judgment and decree in L.A.R.No.169/2004 on the file of the Sub
Court, Thiruvananthapuram. The acquisition is for the purpose of
widening of road from Kovalam to Mukola Reach II. The Land
Acquisition Officer fixed land value at Rs.29,702/- per Are. The
reference court fixed it at Rs.75,000/-. Section 4(1) notification
is dated 25-3-2002. The extent involved is 57.35 Ares of land in
Venganoor Village.
2. The reference court, on evidence, found that the
basis land relied on by the Land Acquisition Officer is situated in
an interior place and the same cannot be relied on for the
purpose of fixation of value of the acquired land which is situated
in an important locality. Placing reliance on Exts.A1 and A2, the
former in respect of 5 cents and the latter in respect of 9 cents, it
is contended that the land value is Re.1 lakh per cent. It was
L.A.A.No.1555 of 2008
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found by the reference court that the lands covered by Exts.A1
and A2 are similar and similarly situated to the land under
acquisition. Yet without fully relying on those documents but
referring to those transactions the land value was fixed at the
rate of Rs.75,000/- per Are. There is no evidence for the
respondents. It is also submitted that there is no appeal against
the judgment and decree in L.A.R.No.196/2004. The fixation of
market value being on the basis of unchallenged evidence of
AW1, based on Exts.A1 and A2 transactions, we do not find any
merit in the appeal. It is accordingly dismissed.
I.A.No.3602/2008 is also dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
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L.A.A.No.1555 of 2008
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JUDGMENT
4th September, 2008