The District Collector vs V.C.Subramannian on 8 April, 2010

Kerala High Court
The District Collector vs V.C.Subramannian on 8 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 324 of 2010()


1. THE DISTRICT COLLECTOR, MALAPPURAM.
                      ...  Petitioner

                        Vs



1. V.C.SUBRAMANNIAN, S/O.K.CHATHAN,
                       ...       Respondent

2. THE EXECUTIVE ENGINEER, PWD (ROADS)

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :08/04/2010

 O R D E R
      PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ.
     --------------------------------------------------------
                     LAA. No. 324 of 2010
           -------------------------------------------
            Dated this the 8th day of April, 2010

                       J U D G M E N T

Pius C. Kuriakose, J.

The Government is in appeal against the award of the

Land Acquisition Reference Court. The acquisition was of

property in Malappuram Village for the purpose of

construction of Munduparambu Koottilangadi Bye pass road.

The relevant section 4(1) notification was published on 31-

7-2001. The LAO awarded land value at the rate of

Rs.13,007/- per cent. Claimant produced various

documents. The court below did not place reliance on any

of the documents. Ultimately what the court below did was

to rely on the basis document and give additions on the

value reflected in it at the rate of 15% per year for passage

of time. Sri.Basant Balaji, learned Senior Govt. Pleader

argued that the court below was not justified in making

additions at that rate. We are of the view that having regard

– 2 –

to the importance of the area where the property is

situated, the learned Subordinate Judge was justified in this

particular case in making additions at the rate of 15%. The

area within the municipal limits of Malappuram can certainly

be treated as urban area. We don’t find warrant for

interference with the award of the reference court.

The appeal is dismissed.

PIUS C.KURIAKOSE, JUDGE

C.K. ABDUL REHIM, JUDGE
ksv/-

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