IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 260 of 2006(D)
1. THE STATE OF KERALA.
... Petitioner
Vs
1. M.C.CHELLAMMA, THENGUVILA,
... Respondent
2. RDHAKRISHNAN, THENGUVILA,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :30/05/2007
O R D E R
K.PADMANABHAN NAIR, JUDGE.
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L.A.A. No. 260 OF 2006
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Dated this the 30th day of May, 2007
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JUDGMENT
This appeal is filed by the state against the award passed by the court
below in L.A.R.114/1994, for an area of 1.70 ares of land comprised in
survey No.2679 of Mynagappally village in Kunnathur Taluk for a public
purpose. The land value was fixed by the Land Acquisition Officer at
Rs.4,956/-. The respondents filed a petition claiming enhanced compensation
at the rate of Rs.15,000/- per cent. The matter was referred to the Sub
Court, Kollam. The learned Sub Judge, after considering all aspects found
that the petitioner is entitled to get land value at the rate of Rs.7,394/-, that
is to say Rs.12,350/- per are. Challenging that finding this appeal is filed.
The learned Sub Judge relied on A1 judgment rendered by him in
L.A.R.No.90/1994. The property mentioned therein was also acquired for
very same purpose. In that case also the Land Acquisition officer fixed the
land value at the rate of Rs.12,350/- per are. I have carefully gone through
the entire matter, and I do not find any reason to interfere with the award
passed by the learned Sub Judge. So the appeal is only to be dismissed.
In the result the appeal is dismissed.
K.PADMANABHAN NAIR
JUDGE.
bkn