IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 399 of 2002(D)
1. STATE OF KERALA.
... Petitioner
Vs
1. SASVITHRI, W/O. LATE VASU,
... Respondent
2. VALSALA, W/O. SIVADASAN,
3. SUBADRA, W/O. VISWAN,
For Petitioner :SRI.RAJAN JOSEPH, ADDL.A.G.
For Respondent :SRI.K.RADHAKRISHNAN NAIR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :18/10/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 399 OF 2002
&
CROSS OBJECTION NO. 108 OF 2004
---------------------------------------------
Dated this the 18th day of October, 2007.
J U D G M E N T
Kurian Joseph, J.
This is an appeal filed against the judgment and decree in
L.A.R. No. 207/1998 on the file of the Sub Court, Kozhikode.
Acquisition is for the purpose of Calicut bye-pass. The property
involved is in Elathur village.
2. The claimants sought to place reliance on Exhibit A1
judgment and decree in L.A.R. No. 71/1996. It is seen that the
Advocate Commissioner had reported that the property involved
in Exhibit A1 and the acquired property are similar and similarly
situated. Both are of the same notification and acquired for the
same purpose. There was no objection to the Commission
Report. It was in such circumstance only, based on the report of
the Advocate Commissioner and similarity of Exhibit A1 property,
value was fixed at Rs. 15,000/- per cent. Thus we do not find
any merit in the appeal filed by the State. It is accordingly
dismissed.
L.A.A. 399/02 & C.O. 108/04 2
In the cross objection the claim is for land value at
Rs. 20,000/- per cent. As already noted by us above, even
according to the Advocate Commissioner, the properties are
similar and similarly situated as that of A1 property, for all
purposes. The value that is sustained in Exhibit A1 is only
Rs. 15,000/- per cent. The value in Exhibit A1 has become final
in L.A.A. No. 1236/1998. There is no other evidence for the
claimants. Therefore, the cross objectors are not entitled to any
further enhancement. The cross objection is also dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp
L.A.A. 399/02 & C.O. 108/04 3
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
L.A.A. NO. 399 OF 2002
&
CROSS OBJECTION 108 OF 2004
J U D G M E N T
18.10.2007