IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 612 of 2009()
1. STATE OF KERALA, REPRESENTED BY THE
... Petitioner
2. THE CHIEF CONSERVATOR OF FOREST,(W.L.),
Vs
1. K.J.USHA, D/O. UNNIKUNHU,
... Respondent
2. K.J.BEENA, D/O. UNNIKUNHU,
3. K.J.SHAN, S/O. UNNIKUNHU,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :17/06/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.612 OF 2009
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Dated this the 17th day of June, 2009
JUDGMENT
Pius C.Kuriakose, J.
Even though Sri.Basant Balaji, learned senior Government
Pleader has addressed us very strenuously, we are not inclined to
admit this appeal. The acquisition was for the purpose of
Elephant Corridor in Kottiyoor Village. Relevant Section 4 (1)
notification was published on 11/11/1999. The land acquisition
officer awarded land value at the rate of Rs.405/- per cent. The
reference court relying on Exts.A2 and report of the advocate
Commissioner, refixed the land value at Rs.1000/- per cent. The
advocate commissioner, who inspected the acquired property
as well as Ext.A2 property, has recommended that market value
is in between Rs.1000/- and Rs.1500/- per cent. In his
evidence, the advocate Commissioner testified in terms of the
report. Significantly, the advocate commissioner was not cross
examined by the Government.
Under these circumstances, we cannot find any fault on
the learned Subordinate Judge for having relied on the
L.A.A..No.612/2009 2
Commission report and Ext.A2 and refixed the land value at
Rs.1000/- per cent.
The appeal will stand dismissed.
PIUS.C.KURIAKOSE,JUDGE
P.Q.BARKATH ALI, JUDGE
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