IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 358 of 2003(D)
1. STATE OF KERALA
... Petitioner
Vs
1. SMT.LAXMI, W/O. KINJIRAMAN,
... Respondent
2. THE MANAGING DIRECTOR, BRDC
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.V.N.RAMESAN NAMBISAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :27/09/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No.358 of 2003
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Dated this the 27th day of September, 2007
JUDGMENT
Kurian Joseph,J.
This appeal is filed against the judgment and decree in
L.A.R.No.228/1999 on the file of the Sub Court, Hosdurg. The
acquisition is for the purpose of Bekel Tourism Project. The
learned Government Pleader vehemently contended that the
enhancement granted by the reference court at the rate of
Rs.1,143/- per cent is without any basis. It is contended that
though it was found that Exts.A1 and A2 are not similar and
comparable, the reference court relied on those documents and
granted enhancement. We are afraid those contentions cannot
be appreciated. According to the Commissioner the property
covered by the acquisition is superior to the other properties
acquired in the locality. It is also reported that the Fisheries High
School and 18 shops including hotels, and two temples are
situated within 500 metres from the claimant’s property. It was
also noted by the reference court that the requisitioning authority
L.A.A.NO.358/2003
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did not have any dispute that the acquired property is a three
crop paddy field. Still further it was noted that Exts.A1 and A2
properties are situated away from the acquired property and to
reach those properties, one has to go through the acquired
property. It has also come out in evidence that there was a road
about 200 metres north of the acquired land whereas there was
no road access to the basic land. It was taking note of all these
factors relevant for just fixation of the market value, the
reference court refixed the value at Rs.4,000/- per cent granting
only a reasonable enhancement of Rs.1,143/- per cent. Thus we
do not find any merit in the appeal. It is accordingly dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
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L.A.A.No.358 of 2003
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JUDGMENT
27th September, 2007