IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1402 of 2005()
1. STATE OF KERALA,
... Petitioner
Vs
1. THRESSIAMMA ABRAHAM,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.ANTONY C. ETTUKETTIL
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :19/02/2009
O R D E R
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.No.1402 OF 2005
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Dated this the 19th day of February, 2009
JUDGMENT
Pius C.Kuriakose, J.
Heard both sides.
2. This appeal by the State pertains to acquisition of land
for the construction of the Chenganassery Bye Pass. Relevant
Section 4 (1) was published on 16/3/1995 and the awarding
officer granted land value at the rate of Rs.16,667/- per cent
which was enhanced by the reference court to Rs.35,000/- per
cent on the basis of evidence which consisted of Exts.A1 to A3 ,
Exts.AW1 to AW5 , Ext.C1 to C2, Exts.R1 & R2 and RW1.
2. Having gone through the impugned judgment, we feel
that the findings of the learned Subordinate Judge are founded
on evidence which is actually available on record. Moreover it is
brought to our notice that in cases covered by the very same
section 4(1) notification, the acquisition officer had awarded the
same rate and this court has approved such enhancement
granted.
L.A.A..No.1402/2005 2
For all these reasons, the appeal will stand dismissed.
PIUS.C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM, JUDGE
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