High Court Kerala High Court

State Of Kerala vs Sadasivan on 29 October, 2007

Kerala High Court
State Of Kerala vs Sadasivan on 29 October, 2007
       

  

  

 
 
  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.
          -------------------------------------------------
           L.A.A. NOs. 260, 289, 294 & 363 OF 2005
           -------------------------------------------------
           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