IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 2159 of 2008(D)
1. STATE OF KERALA, REP.BY THE DISTRICT
... Petitioner
Vs
1. SETHUKUMARI AMMA, 'SUPRABHA'
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.J.HARIKUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :26/05/2009
O R D E R
PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ.
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L.A.A. 2159 of 2008
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Dated: MAY 26, 2009
JUDGMENT
Pius C. Kuriakose, J.
This appeal by the Government pertains to acquisition of
land in Vanchiyoor village for the purpose of widening of road
from Overbridge to Pazhavangadi within the limits of
Thiruvananthapuram Corporation. The relevant sec.4(1)
notification was published on 14.5.1997. The land acquisition
officer awarded land value at Rs.5,47,289/- per Are. This was
enhanced by the Reference Court on the basis of the evidence
which consisted of Exts.A1 to A3, AW.1 and Exts.R1 to R4 to
Rs.17,31,306/ per Are.
2. We have heard the submissions of Sri P.K.babu, learned
Senior Government Pleader and Sri J. Harikumar, learned counsel
for the respondent/claimant.
3. Our attention was drawn by Mr. Harikumar to the
common judgment of this Court in LAA Nos.1333/2005 series and
the learned counsel submitted that under that common judgment
L.A.A. 2159 of 2008
2
which was rendered considering an appeal preferred by the State
and an appeal preferred by the claimants, this Court has refixed
the market value of the land at Rs.9 lakh per cent. The learned
Government Pleader also conceded that enhancement at the rate
granted under the impugned judgment i.e. Rs.17,31,306/- per
Are has been approved by this Court. He also submitted that
that Government has preferred SLP to the Supreme Court against
the judgment of this Court dismissing the appeals preferred by
the Government.
Having considered the rival submissions and also the
common judgment of this Court in LAA 1333/2005 series, we are
of the view that there is no warrant for interfering with the
impugned judgment and decree. This appeal will stand
dismissed. However, it is made clear that this judgment shall
not prejudice the interests of the Government in the SLP stated
to have been preferred in the connected matters.
PIUS C. KURIAKOSE, JUDGE
P.Q. BARKATH ALI, JUDGE
mt/-