IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 354 of 2009()
1. THE SPECIAL TAHSILDAR (LA),
... Petitioner
2. THE EXECUTIVE ENGINEER,
3. THE DISTRICT COLLECTOR,
Vs
1. C. GANGADHARAN NAIR,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.D.KRISHNA PRASAD
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/07/2009
O R D E R
V. RAMKUMAR, J.
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L.A. Appeal No. 354 of 2009
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Dated: 01-07-2009
JUDGMENT
An extent of 0.0112 hectares of land comprised in re-
survey No. 125/4 of Chemmanad Village in Kasaragod Taluk
along with other parcels of land was compulsorily acquired by
the State for the formation of State Highway from Kasargod to
Kanhangad. Notification under Sec. 4 (1) of the Land Acquisition
Act was published on 21-6-2005. The Land Acquisition Officer
fixed the land value at the rate of Rs. 15,000/- per cent. On a
reference at the instance of the claimant, the Sub Court,
Kasaragod in L.A.R. No. 70 of 2007, enhanced the land value to
Rs. 34,000/- per cent. The court below relied on Exts.A1 and A2
sale deeds both dated 27-01-2006 as per which certain parcels
of nearby properties were purchased by the Kerala State
Transport Project (KSTP) for the very same purpose through
L.A.App. 354 of 2009 -:2:-
negotiations at the rate of Rs. 38,662 per cent under Ext.A1 and
Rs. 43,623/- per cent under Ext.A2. As against the rates adopted
under Exts. A1 and A2, the court below fixed the land value as
Rs. 34,000/- per cent. The said decision cannot be said to be
unreasonable. That apart, the State had filed L.A.A. N0o. 352/09
against L.A.R. No. 47/2007 disposed of by the Court below along
with the present L.A.R. 70/07. The said appeal was dismissed by
this Court on 23-3-2009. This means that the basis adopted by
the Court below for arriving at the land value has been approved
by this Court. Such being the position, I do not find any good
ground for interference with the judgment of the court below.
This Appeal is accordingly, dismissed.
Dated this the Ist day of July 2009.
Sd/-V. RAMKUMAR,
(JUDGE)
/true copy/
ani.
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