IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1558 of 2008()
1. THE SPECIAL TAHSILDAR, LA (NH-1I)
... Petitioner
Vs
1. KUTTIPOYIL CHANDAPPAN,THALAKULATHUR (PO)
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.S.SREEDHARAN PILLAI
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :10/07/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No. 1558 OF 2008
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Dated this the 10th day of July, 2009
JUDGMENT
Pius.C.Kuriakose, J.
We have gone through the impugned judgment and we have
heard the submissions of the learned Senior Government Pleader
Sri.Basant Balaji and those of Smt.C.G.Preetha, learned counsel for the
respondent. It is seen that the learned Subordinate Judge has granted
enhancement relying on Ext.A3 judgment. Ext.A3 judgment was in
respect of acquisition for the same purpose in the same village and
pursuant to the very same notification. Under Ext.A3 the land value is
refixed at Rs. 30,000/- per cent. It is not quite clear from Ext.A3 as to
what exactly was the land value awarded by the land acquisition officer
for the properties in Ext.A3. But it appears to us that the value
awarded by the land acquisition officer was slightly more than the
value awarded by the land acquisition officer to the properties in the
present appeal. It is seen that the land acquisition court has not granted
the value awarded under Ext.A3. The land acquisition court has
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granted only 2/3 of the value granted under Ext.A3 to the acquired
properties. According to us, the approach of the learned Subordinate
Judge is quite reasonable. There is no warrant for interference. The
appeal will stand dismissed.
PIUS.C.KURIAKOSE
JUDGE
P.Q.BARKATH ALI
JUDGE
sv.
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