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State Of Kerala

High Court Of Kerala|28 October, 2014
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JUDGMENT / ORDER

Asha, J.
State has filed the appeal against the enhanced land value granted by the court below in favour of the respondent. An extent of 0.72 Ares of land in Sy.No.418/222 of Pandalam Thekkekkara Village in Adoor Taluk was acquired as per notification dated 07.02.2003 for the purpose of widening of Kottarakkara-Adoor-Chengannur M.C. Road. The land acquisition officer fixed the land value @ Rs. 21,925/ per Are. In L.A.R.No.148/2006 the court below, relying on the judgment in L.A.R.No.89/2009, enhanced the land value @ Rs. 1,50,000/- per Are.
2. The State has challenged this enhancement in this appeal on the ground that the court below had relied on Ext.A1 judgment i.e. the judgment in L.A.R.No.89/ 2006. In Ext.A1, the judgment in L.A.R.No.312/2005 was mainly relied on, which is challenged before this Court.
L.A.A.No.429/2012 2
3. We heard the learned counsel appearing on either side.
4. The learned counsel for the respondent submitted that in respect of property under the very same notification which is very near to the property of the respondent, this Court had in L.A.A.No.969/2005 fixed the land value at Rs. 1,05,000/- per Are. In this case, we find that the land value is enhanced @ Rs. 1,50,000/- per Are only. This Court has in similar notification granted enhancement upto Rs. 1,65,000/- per Are.
In view of the fact that the land acquired in the present case is of the same category as in the case of L.A.A.No.969/2005 and this Court has enhanced the land value @ Rs. 1,65,000/- per Are, we do not find it necessary to interfere with the judgment in this case where the land value is enhanced to Rs. 1,50,000/- only. Accordingly, the appeal is dismissed.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.
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Title

State Of Kerala

Court

High Court Of Kerala

JudgmentDate
28 October, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • Government Pleader
  • Sri Aloysious