High Court Kerala High Court

State Of Kerala vs Saj Jacob on 19 May, 2010

Kerala High Court
State Of Kerala vs Saj Jacob on 19 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 350 of 2010()


1. STATE OF KERALA, REPRESENTED BY
                      ...  Petitioner

                        Vs



1. SAJ JACOB, S/O CHACKO,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :19/05/2010

 O R D E R
         PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                     ------------------------
                    L.A.A.No.350 OF 2010
                     ------------------------

              Dated this the 19th day of May, 2010


                          JUDGMENT

Pius C.Kuriakose, J.

We are not inclined to admit this appeal filed by the

Government. The acquisition pertains to land in Manakkad

village and was for the purpose of construction of Thodupuzha

Bye-Pass road. The relevant Section 4(1) notification was

published on 12/6/2002. The Land Acquisition Officer awarded

land value at the rate of Rs.17,561/- per Are. The Reference

Court in the impugned judgment refixed the same at Rs.57,733/-

per Are.

2. Having regard to the judgment of this court in State of

Kerala v. Jose Simon (2009 (1) KLT 760) and various other

decisions of this court pertaining to acquisition of land in

Manakkad village during the period 1989 and thereafter, we are

of the view that the enhancement granted by the court below is

justified and the Government cannot have any legitimate

grievance regarding the impugned judgment.

LAA.No. 350/2010 2

Accordingly, the appeal will stand dismissed, but without

any order as to costs.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
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