High Court Kerala High Court

The State Of Kerala vs Saju Chacko on 23 June, 2009

Kerala High Court
The State Of Kerala vs Saju Chacko on 23 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 25 of 2007()


1. THE STATE OF KERALA.
                      ...  Petitioner

                        Vs



1. SAJU CHACKO, MENACHERY,
                       ...       Respondent

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  :SRI.VINOD RAVINDRANATH

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/06/2009

 O R D E R
                     V. RAMKUMAR , J.
           ==========================
                     L.A.A.No. 25 of 2007
           ==========================
              Dated this the 23rd day of June, 2009.

                         JUDGMENT

An extent of 0.05 Ares of land comprised in survey No.

413/114-142 of Angamaly village in Alwaye Taluk along with

other parcels of land was compulsorily acquired by the State for

the widening of National High Way-47 from Alwaye to Angamaly.

The notification under Section 4(1) of the Land Acquisition Act

was published on 27.07.2000. The award was passed on

27.08.2001. The land was taken possession of on 21.07.2001.

The Land Acquisition Officer fixed the land value at Rs.2,41,954/-

per Are. On a reference at the instance of the claimant, the court

below fixed the land value at Rs.4,23,420/- per Are by relying on

Ext.A1 judgment dated 30.09.2003 passed by that court in L.A.R.

No. 149 of 2001 and connected cases concerning lands acquired

for the very same purpose. In as much as the State has not filed

any appeal against Ext.A1 common judgment in L.A.R. No. 149 of

2001 and connected cases, the basis for the present award

passed by the court below stands confirmed. I, therefore, do not

L.A.A.No. 25/2007 : 2 :

find any good ground for interference with the enhancement

given by the court below. This appeal is, accordingly, dismissed

in limine.

Dated this the 23rd day of June, 2009.

V. RAMKUMAR, JUDGE.

rv