IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 935 of 2008()
1. THE SPECIAL TAHSILDAR (LA) RAILWAYS,
... Petitioner
Vs
1. T.N. REMADEVI, D/O. BHARGAVIYAMMA,
... Respondent
2. THE DEPUTY CHIEF ENGINEER,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :30/05/2008
O R D E R
PIUS C. KURIAKOSE, J.
----------------------------------
L.A.A. NO. 935 of 2008
----------------------------------
Dated this the 30th day of May , 2008
JUDGMENT
This appeal pertains to the acquisition of 0.30 Ares of land in
Thiruvankulam Village for doubling of Railway track between
Ernakulam and Mulanthuruthy. Notification under Section 4 (1) was
issued on 18.12.2003 and the Awarding Officer granted land value at
the rate of Rs.23,834/- per Are. The Reference Court relying on the
judgment in LAR No.188/2006 which was another case pertaining to
the very same acquisition and the vary same category of land
re- fixed the land value as Rs. 34,272/-.
2. The learned Government Pleader fairly conceded that no
appeal has been preferred by the Government against the judgment in
L.A.R.188/2006. Moreover having gone through the judgment under
appeal I find that the approach of the learned Sub Judge has been
quite reasonable. The principles underlying Section 28A also have
been kept in mind by the learned Subordinate Judge. The properties
which were acquired in this case and the properties which was subject
mater of L.A.A. 188/2006 were treated similarly by the Land
L.A.A.No. 935/2008 2
acquisition Officer. It is only just that the value awarded for the
party in L.A.A. No.188/2006 is awarded to the respondents also.
The result is that this appeal will stand dismissed in limine.
PIUS C. KURIAKOSE
JUDGE
dpk