IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 267 of 2005()
1. STATE OF KERALA.
... Petitioner
Vs
1. VILASINI, REP. BY POWER OF ATTORNEY
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :18/01/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 267 OF 2005
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Dated this the 18th day of January, 2008
JUDGMENT
Kurian Joseph, J.
This appeal is filed against the judgment and decree in L.A.R. No.1 of
2003 on the file of the Additional Sub Court, Irinjalakuda. Acquisition is
for the purpose of approach road to railway over bridge. The grievance
pertains to 20% enhancement given to the structures. It is now settled law
that in view of the difference in the P.W.D. rate adopted by the Land
Acquisition Officer and the market value, enhancement even upto 30% for
structures is permissible. Therefore, we find no merit in the appeal and the
appeal is accordingly dismissed. I.A. No. 751 of 2005 is also dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
KURAIN JOSEPH &
HAURN-UL-RASHID, J.J
L.A.A. .NO
JUDGMENT
18th JANUARY, 2008