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State Of Kerala vs N.P.Seenath Beevi on 28 January, 2008

Kerala High Court
State Of Kerala vs N.P.Seenath Beevi on 28 January, 2008
       

  

  

 
 
  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.

             ----------------------------------------------------------------

                             L.A.A. NO. 139 OF 2006

                                           &

                   C.M. APPLICATION NO.171 OF 2006

             ----------------------------------------------------------------


                    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

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