IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 230 of 2010()
1. STATE OF KERALA.
... Petitioner
Vs
1. K.PRABHAKARAN,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/10/2010
O R D E R
M.N. KRISHNAN & K.T. SANKARAN, JJ.
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R.P. No. 230 OF 2010 IN
L.A.A. No. 355 OF 2005
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Dated this the 20th day of October, 2010.
O R D E R
Krishnan, J.
This review petition is preferred to review
the judgment in L.A.A.355/05. The said appeal
was preferred against the award of the
Subordinate Judge, Kozhikode in L.A.R.164/00.
While disposing of a batch of cases the Division
Bench had made a reference to the disposal of
L.A.A.774/06 which was preferred against the
judgment and decree in L.A.R.479/97. The Court
held that it is already found that the fixation
of market value is at Rs.60,000/- per cent. The
Court also made it very clear that in all the
cases the comparative advantages and
disadvantages of the acquired property with that
R.P. No. 230 OF 2010 IN
L.A.A. No. 355 OF 2005
-:2:-
of the property covered by L.A.R.479/97 has been
taken into consideration and accordingly reduced
land value is given in proportion to the
disadvantage. It is true that the judgment in
L.A.A.774/06 was recalled and by the judgment
dated 28.6.10 another Division Bench has reduced
the land value to Rs.50,000/- per cent.
2. So far as the present case is
concerned, i.e. in L.A.R.164/00, 6.20 Ares of
wet land and 1.90 Ares of dry land comprised in
Sy.No.10/9 had been acquired and land
acquisition officer has fixed the land value at
Rs.25,819/- for the garden land and Rs.21,639/-
for the wet land. The learned Subordinate Judge
had taken into consideration the prominence of
the locality nearby institutions and other
aspects and fertility of the land and thereafter
R.P. No. 230 OF 2010 IN
L.A.A. No. 355 OF 2005
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had fixed the land value at Rs.35,000/- per cent
for the garden land and Rs.20,000/- per cent for
the wet land. Just because the land value in
L.A.R.479/97 had been refixed at Rs.50,000/- it
will not militate against the fixation of value
done by the Subordinate Judge in this case.
For the above reasons the R.P. does not stand
merit and therefore it is dismissed.
M.N. KRISHNAN, JUDGE.
K.T. SANKARAN, JUDGE.
ul/-