IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 385 of 2008()
1. STATE OF KERALA .
... Petitioner
Vs
1. K.APPUKUTTAN, S/O.KESAVAN,
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/11/2009
O R D E R
M.N. KRISHNAN, J.
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L.A.A. NO. 385 OF 2008
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Dated this the 30th day of November, 2009.
J U D G M E N T
This is an appeal preferred against the award of the
Land Acquisition Court, Thiruvananthapuram in LAR 415/03.
An area of 0.07 Ares of land comprised in R.S.No.527/05 of
Pettah village was acquired for the purpose of expansion of
International Airport, Thiruvananthapuram. The Land
Acquisition officer fixed the land value at Rs.7,655.55 and
value of structures at Rs.22,339/-. In a reference the Land
Acquisition Court in paragraph 10 of its award fixed the value
of structures at Rs.35,000/- and the land value to
Rs.2,00,000/- per Are thereby enhanced the land value by
Rs.6,344.45 and value of structures by Rs.12,661/-.
2. I had carefully perused the award. I do not find
any basis given by the Land Acquisition court for enhancing
the value of structures. He criticized the land acquisition
officer holding that on what basis he has calculated the value
L.A.A. 385 OF 2008
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of structures. In the next sentence he jumps to the conclusion
that it can be enhanced by Rs.35,000/-. I do not find any
materials discussed or supplied to arrive at that decision.
3. Similarly regarding the land value also the claimant
makes a claim of Rs.3 lakhs and the land acquisition court
makes it at Rs.2,00,000 lakhs without any basis. So these
are all materials which requires detailed consideration at the
hands of the court below. Therefore the award under
challenge is set aside and the matter is remitted back to the
Land Acquisition Court for fresh consideration of the land value
as well as the value of the structures. Parties are directed to
appear before the Land Acquisition Court on 7.1.2010.
M.N. KRISHNAN, JUDGE.
ul/-