IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 176 of 2010()
1. STATE OF KRALA, REP.BY THE SPECIAL
... Petitioner
2. THE EXECUTIVE ENGINEER, PWD, ROADS
Vs
1. SOUDA, NANMANAKKANDY, OORALLUR,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :14/01/2011
O R D E R
PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ.
-----------------------------------------------------------
LAA. No. 176 of 2010
-----------------------------------------------
Dated this the 14th day of January, 2011
J U D G M E N T
Pius C.Kuriakose, J.
Even though the respondent claimant had been served
with notice there is no appearance for her in this appeal
preferred by the Government. The property under
acquisition was in Naduvannur Village and the prupose of
the acquisition was construction of a bridge and approach
road at Kizhakkothu Kadavu. The land acquisition officer
awarded land value at the rate of Rs.3115.62 per cent.
Under the impugned judgment the reference court refixed
land value at Rs.28,500/- per cent. Our attention was
drawn by the learned senior Govt. Pleader to the judgment
of this Court in LAA. No. 489/07. It is submitted that under
that judgment for the identical property acquired for the
same purpose was involved. The property in that case was
also awarded the same rate as in the present case by the
LAA. No. 176/10
-2-
L.A. Officer. It is seen that under that judgment this court
has granted approval to the rate of Rs.10,000/- per cent
fixed by the reference court. We find merit in the
submission of the learned senior Govt. Pleader that there is
no justificationfor giving more enhancement to the present
respondent claimant over what was given to the claimant in
LAA. No. 489 of 2007. Under the above circumstance
allowing this appeal we modify the judgment and decree
and refix the value of land under acquisition at Rs.10,000/-
per cent.
(PIUS C.KURIAKOSE, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
ksv/-