High Court Kerala High Court

The Special Tahsildar vs M.C.Brahma Prakash on 19 August, 2009

Kerala High Court
The Special Tahsildar vs M.C.Brahma Prakash on 19 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 284 of 2007()


1. THE SPECIAL TAHSILDAR,
                      ...  Petitioner

                        Vs



1. M.C.BRAHMA PRAKASH,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.P.V.KUNHIKRISHNAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :19/08/2009

 O R D E R
               PIUS C. KURIAKOSE &
             K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
            L. A. A. No.284 of 2007 &
             L. A. A. No.196 of 2008
    ------------------------------------------------
     Dated this the 19th day of August, 2009

                     JUDGMENT

Pius C. Kuriakose, J

These are appeals preferred by the Government

and the cases pertain to acquisition of land for the

construction of Calicut bye pass. The relevant Section

4(1) notification was published on 13/07/93. The

properties were in Vengeri village. The Land

Acquisition Officer awarded land value at the rate of

Rs.7107/- per cent in L.A.R. No.459/97 corresponding

to L.A.A.284/2007 whereas in L.A.R.460/97

corresponding to L.A.A. No.196/08, the Land

Acquisition Officer awarded land value at the rate of

Rs.5331/- per cent. The Reference Court would

L. A. A. No.284 of 2007 &
L. A. A. No.196 of 2008 -2-

uniformly re-fix the value of garden lands under

acquisition to Rs.15,000/- per cent. For the wet lands

under acquisition, the Land Acquisition Officer awarded

land value at the rate of Rs.2964/- per cent. This was

enhanced under the impugned judgment to Rs.6,000/-

per cent. We notice that the claimant being aggrieved

by the inadequacy of the compensation awarded by

the Reference Court have preferred separate appeals

and we are deciding these appeals preferred by the

Government by this judgment.

2. Having gone through the impugned judgments

and having considered the submissions of Sri.Basant

Balaji, the learned senior Government Pleader and

those of Sri.P.V.Kunhikrishnan, the learned counsel for

the claimants, we are of the view that the

L. A. A. No.284 of 2007 &
L. A. A. No.196 of 2008 -3-

enhancement granted under the impugned judgment

by the Reference Court is not excessive. There is no

warrant at all for interference at the instance of the

Government.

3. These appeals preferred by the Government

will stand dismissed.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-