IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 260 of 2005()
1. STATE OF KERALA.
... Petitioner
Vs
1. SADASIVAN, S/O.LATE KRISHNAN,
... Respondent
2. KERALA STATE INDUSTRIAL INFRAASTRUCTURE
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.BINOY VASUDEVAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :29/10/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NOs. 260, 289, 294 & 363 OF 2005
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Dated this the 29th day of October, 2007.
J U D G M E N T
Kurian Joseph, J.
These are appeals filed by the State aggrieved by the
fixation of land value in respect of acquisition for the purpose of
KINFRA.
2. It is seen that against the fixation of land value by the
Land Acquisition Officer at the rate of Rs. 567/- per cent (dry
land) and Rs. 350/- per cent (wet land), the reference court has
fixed Rs. 850/- and Rs. 750/- per cent respectively. We find from
the records that such fixation has been made based on the
materials available on record and neither the acquisition authority
nor the requisitioning authority had any evidence to the contra.
3. It is also brought to our notice that in connected cases,
such land value has been sustained. The land value fixed by the
reference court at the rate of Rs. 850/- per cent for dry land and
Rs. 750/- per cent for wet land in respect of a notification issued
L.A.A. 260, 289, 294 & 363/05 2
in the year 1994, in the circumstances, cannot be held to be on
the high side. We do not find any merit in the appeals and they
are accordingly dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp
L.A.A. 260, 289, 294 & 363/05 3
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
L.A.A. NOs. 260, 289, 294 &
363 OF 2005
J U D G M E N T
29.10.2007