IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1692 of 2008()
1. THE DISTRICT COLLECTOR,
... Petitioner
Vs
1. MUKKODAN KARUTTUCHALI
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.C.KHALID
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :23/09/2009
O R D E R
PIUS C.KURIAKOSE &
K.SURENDRA MOHAN, JJ.
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L.A.Appeal No.1692 of 2008
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Dated this the 23rd day of September, 2009
JUDGMENT
Pius C.Kuriakose,J.
The lands under acquisition in this case were included in
category-D by the Land Acquisition Officer. We set aside the
judgment and decree under appeal and remand the LAR to
the reference court. The reference court is directed to decide
whether the lands under acquisition were enjoying frontage of
any road. If the enquiry reveals that the property was enjoying
frontage of road, the learned subordinate judge will proceed
as if the lands were eligible to be included in category-C and
award Rs.26,730/- per Are. However, if the enquiry reveals
that the land did not have any frontage of road, the
subordinate judge will award land value at the rate of
Rs.21,384/- per Are only.
The parties will appear before the reference court on
15.10.2009.
PIUS C.KURIAKOSE,
JUDGE
K.SURENDRA MOHAN,
JUDGE
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