IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 776 of 2009(D)
1. STATE OF KERALA,
... Petitioner
Vs
1. GOPINATHAN NAIR,S/O.KRISHNA PILLAI,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/12/2009
O R D E R
M.N. KRISHNAN, J.
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L.A.A.No.776 OF 2009
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Dated this the 14th day of December, 2009
J U D G M E N T
This is an appeal preferred against the award of the
Land Acquisition Court, Kollam in LAR.No261/1998. 00.40
Ares of land comprised in R.S.No.80/18 of Elampalloor
village was acquired, for which the land acquisition officer
fixed the land value at Rs.3,682/= per Are. The land
acquisition court, on materials enhanced the land value by
65% that is Rs.2,393/= and awarded the compensation. The
claimants relied upon Ext.A1 document dated 1.1.1986 by
which 2.02 Ares of land was sold for a consideration of
Rs.45,000/= which means Rs.22,277/= per Are. The land
acquisition court on a consideration of the materials found
that Ext.A1 property is not similar and similarly situated
and the present property is not of that quality and
especially the land in LAR.No.261/1998 did not even have a
road frontage. After taking into consideration the potentiality
of the land and other criteria, the land acquisition court
enhanced the land value by 65%.
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L.A.A.No.776 OF 2009
I do not find that it suffers from any infirmity.
Considering the fact that the land acquired is only 00.40 Ares
and enhancement is only Rs.2,393/= per Are being negligible,
I do not propose to interfere with the judgment rendered by
the land acquisition court. Therefore the appeal is dismissed,
but it is made clear that it shall not be treated as a
precedent in some other cases.
M.N. KRISHNAN, JUDGE
cl
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L.A.A.No.776 OF 2009