IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 223 of 1999(A)
1. STATE OF KERALA
... Petitioner
Vs
1. K.P.YUSUF
... Respondent
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 :09/06/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.223 OF 1999
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Dated this the 9th day of June, 2009
JUDGMENT
Pius C.Kuriakose, J.
We do not find any ground to interfere with the judgment of
the reference court. Acquisition was for the purpose of
establishing a fish market in Payyannur. Relevant section 4(1)
notification was published on 4/4/1989. The land acquisition
officer awarded land value at the rate of Rs.7605/- per Are. The
reference court refixed the land value at Rs. 20,995/-
(corresponding to Rs.8500/- per cent). The claimant relied
mainly on Ext.A1 judgment of the same court in another case.
The court below for valid reason did not rely on Ext.A1. The
court below rejected the basis documents also, since basis
document, unlike the acquired property ,did not have frontage of
the main road. Ultimately what the court below did was to rely
on Ext.C1 commission report, which was to the effect that the
property is situated in a very important area of the locality
having nearness to a large number of institutions and to fix the
market value doing some guess work. We feel that in the facts
L.A.A..No.223/1999 2
and circumstances of the case, it is a good guess that has been
made by the reference court.
We do not find any warrant for interfering, particularly since
we notice that the total stakes involved in the appeal is also not
much. The appeal will stand dismissed, without any order as to
costs.
PIUS.C.KURIAKOSE,JUDGE
P.Q.BARKATH ALI, JUDGE
dpk
L.A.A..No.223/1999 3
PIUS.C.KURIAKOSE &
P.Q.BARKATH ALI, JJ.
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L.A.A.No.223 OF 1999
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JUDGMENT
9TH June 2009