IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 139 of 2006(D)
1. STATE OF KERALA.
... Petitioner
Vs
1. N.P.SEENATH BEEVI, S.P.COTTAGE,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :28/01/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 139 OF 2006
&
C.M. APPLICATION NO.171 OF 2006
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Dated this the 28th day of January, 2008
JUDGMENT
Kurian Joseph, J.
C.M. Application No.171 of 2006 is an application to condone the
delay of 802 days in filing the appeal. The acquisition is for doubling the
railway line at Azhoor Village. The reference court found that there was
no justification for the Land Acquisition Officer in not having even
referred to Ext.A1 sale deed. The dissimilarity is only with regard to road
frontage. No doubt, the property covered by Ext.A1 is a better property.
In view of those disadvantages, the reference court has fixed only 50% of
the land value fixed in Ext.A1. Section 4(1) notification in the case of the
acquired land was published in October, 1995 whereas for the property
covered by Ext.A1 Section 4(1) notification was published in August,
1995. The extent involved is 4.70 Ares.
In such circumstances, we are of the view that the fixation of land
L.A.A.NO.139/2006 2
value is just and proper. Therefore, the application and the appeal are
dismissed. I.A. No.310 of 2006 is also dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
L.A.A.NO.139/2006 3
KURAIN JOSEPH &
HAURN-UL-RASHID, J.J
L.A.A. .NO
JUDGMENT
28th JANUARY, 2008
