IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 1140 of 2005()
1. STATE OF KERALA.
... Petitioner
Vs
1. NANI KATHYAYANI, PRETHU KIZHAKKATHIL,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.MATHEW JAMES
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/01/2007
O R D E R
K.T. SANKARAN, J.
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L.A.A.NO. 1140 OF 2005
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Dated this the 16th day of January,2007
JUDGMENT
This Land Acquisition Appeal arises out of
L.A.R.No.499 of 1994, on the file of the Sub Court,
Mavelikara. An extent of 0.57 Ares of dry land in
Sy.No.361/27 of Haripad village was acquired for the
purpose of widening and strengthening of Haripad –
Viyapuram road. Notification under Section 4(1) was
published on 7.2.1991. The land was taken possession
of on 29.6.1992. As per award dated 31.12.1992,
compensation was granted fixing the land value at
Rs.9,606/- per Are. The respondent contended that she
is entitled to get compensation taking into account the
land value at Rs.20,000/- per cent.
2. The Reference Court relied on Ext.A1 judgment
in L.A.R.No.353 of 1993. In that case, notification
under Section 4(1) was issued on 6.11.1991. The
property acquired therein is in Haripad village. The
Land Acquisition Officer had valued the land at the
L.A.A. NO.1140 OF 2005
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rate of Rs.9,606/- per Are in that case as well. The
Reference Court as per Ext.A1 judgment, enhanced the
land value and fixed the land value at Rs.31,122/- per
Are. It is stated by AW1 that the land covered by
Ext.A1 is situated only 50 metres away from the
northern side of the land which is acquired in the
present case. Ext.A1 would show that the acquired land
is 100 metres away from Kacheri Junction, Haripad. The
Reference Court in the present case, relying on the
land value awarded in Ext.A1, enhanced the land value
to Rs.31,122/- per Are. It was noticed by the
Reference Court that there is no case for the State
that Ext.A1 judgment had not become final.
3. Information is gathered from the Registry that
as against Ext.A1 judgment in L.A.R.No.353 of 1993,
State had filed L.A.A.No.1555 of 2000 and that Appeal
was dismissed by a Division Bench as per judgment dated
25.5.2005. The Division Bench of this Court found that
the land value awarded by the Reference Court in
L.A.R.No.353 of 1993 (Ext.A1) was legal and proper.
L.A.A. NO.1140 OF 2005
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In view of the judgment in L.A.A.No.1555 of 2000,
this Land Acquisition Appeal is liable to be dismissed.
Accordingly, the Land Acquisition Appeal is dismissed.
(K.T.SANKARAN)
Judge
ahz/
K.T.SANKARAN, J.
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L.A.A.NO. 1140 OF 2005
JUDGMENT
16th January, 2007
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