IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 125 of 2011()
1. STATE OF KERALA
... Petitioner
Vs
1. P.M.ABOOBACKER
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :28/01/2011
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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L.A.A.No. 125 OF 2011
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Dated this the 28th day of January, 2011
JUDGMENT
Pius C.Kuriakose, J.
We are not inclined to entertain this appeal which pertains
to acquisition of land in Edappally (N) Village for the purpose of
construction of NH-17. The LAO included the property in
category 6 as if the property did not enjoy road frontage. The
advocate commissioner reported that unacquired portions of the
claimant’s property were enjoying road frontage and hence it
had to be taken that the acquired property was also having road
frontage. The learned Subordinate Judge accepted the advocate
commissioner’s report and upgraded the category of property
into category 1. Thereafter, on evaluating the evidence, the
value of the property was refixed at Rs.1,84,800/- per Are.
2. Having gone through the impugned judgment and
having considered the submissions of Smt.Latha T.Thankappan,
learned senior Government Pleader, we are of the view that the
learned Subordinate Judge was justified in treating the
LAA.No.125/2011 2
property to be in category 1. If the property is to be treated as
in category 1, then the percentage of increase given is just 40%.
We notice other judgments of this court approving enhancement
at 70% above the rate granted by the LAO.
Under these circumstances, this appeal will stand dismissed.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
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