IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 14 of 2007()
1. STATE OF KERALA
... Petitioner
Vs
1. G.SIVADASAN NAIR,
... Respondent
2. JAYAKUMARAN NAIR P.,
For Petitioner :ADDL.ADVOCATE GENERAL
For Respondent :SRI.M.R.ANANDAKUTTAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :07/02/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No.14 OF 2007
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Dated 7th February, 2008.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and
decree in LAR 139/2000 on the file of the Additional Sub Court,
Thiruvananthapuram. The acquisition is for the purpose of
construction of new International Passenger Terminal. Section 4
(1) notification is of the year 1999. It is seen that the reference
court has placed reliance on Exts.A1 to A3 documents. Ext.A1
document is executed in 1996. It is also seen that the value of
the property covered by Ext.A1 is Rs.1,00,000/- per Are. The
reference court found that the fixation of land value based on the
basic document cannot be accepted. The basis of such fixation
was not proved also before the reference court. On evidence, it
was found that Ext.A1 can be relied on, when compared to the
basic document for the purpose of fixation of land value. Thus,
on the basis of the finding regarding dissimilarity of the acquired
land with the basic land and the further finding that the property
covered by Ext.A1 has road frontage, the reference court fixed
the land value based on Ext.A1. In the absence of any contra
LAA NO.14/07 2
evidence, we are of the view that the fixation made by the
reference court cannot be held to be in any way excessive or
unreasonable. There is no merit in the appeal. It is accordingly
dismissed.
I.A.No.39/07 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ
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L.A.A. NO.14 OF 2007
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J U D G M E N T
Dated 7th February, 2008.