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State Of Kerala

High Court Of Kerala|17 October, 2014
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JUDGMENT / ORDER

Ramachandran Nair, J.,
The appeal arises from the judgment and decree in L.A.R. No. 430/08 on the file of the Additional Sub court, Thiruvananthapuram. The land is acquired for the purpose of Pattom-Kowdiar road for TRIDA. The notification under Section 4(1) is dated 16.9.2004. The Land Acquisition Officer awarded the land value at the rate of Rs. 1,60,056/- per are. Relying upon the judgment in L.A. A. 1063/2010, the reference court re-fixed the land value at the rate of Rs. 22 lakh per are.
2. We find that this Court in the judgment in L.A.A. 439/11, which concerns the same acquisition, and from an earlier judgment of this Court in L.A.A. 452/2011, that, the market value of similar lands viz., for the purpose of widening Pattom-Kowdiar road, has been fixed at the rate of Rs. 22 lakh per are.
3. We also find from the copy of the memorandum of appeal L.A.A. No.439/2011 that therein the Land Acquisition Officer fixed L.A.A.No.641 of 2013 :2:
the land value at the rate of Rs. 1,60,056/- per are which was enhanced by the reference court and finally this court re-fixed the land value at the rate of Rs. 22 lakhs per are.
4. We heard the learned Sr.Government Pleader for the appellant and learned counsel Sri. Antony C.Ettukattil for the respondent. It is submitted by the learned counsel for the respondent, that the land involved lies on the eastern side of property in L.A.A.No.439/2011.
5. The judgment shows that the claimant relied upon Erxts.A1 to A13 documents. The reference court finally relied upon the judgment in L.A.A. 1063/2010 for fixing the land value at the rate of Rs.22 lakhs. In the light of the judgment in L.A.A. 439/11, where the award amount was the same as fixed by the Land Acquisition Officer, in this case wherein also the same land value at Rs.22 lakhs has been adopted. We also adopt the same, since the land acquired are similar and the acquisition is for the same purpose.
Accordingly, the appeal is dismissed. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
Sd/- P.V.ASHA (JUDGE)
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Title

State Of Kerala

Court

High Court Of Kerala

JudgmentDate
17 October, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha