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.
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LAA. No. 324 of 2010
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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/-
