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State Of Kerala

High Court Of Kerala|22 May, 2014
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JUDGMENT / ORDER

Harun-Ul-Rashid, J.
State is the appellant. The appeal is directed against the judgment and decree dated 29/10/2007 in LAR.No.71/2003 on the file of the I Additional Sub Court, Thiruvananthapuram. The reference court fixed the land value at `1,00,000/- per Are. Being aggrieved by the quantum of compensation awarded the appeal is preferred.
2. The extent of property acquired is 10.66 Ares. The acquisition was for the purpose of Veli Tourism. Section 4(1) notification was dated 1/3/2000. The Land Acquisition Officer awarded the land value at the rate of `49,271/- per Are. The court below examined the question of just compensation with reference to the oral and documentary evidence. Claimant alone was examined as a witness. The learned Judge observed that the evidence of AW1 reveals that the land value fixed by the Land Acquisition Officer is far below the market value of the land prevailed in the locality at the time of notification. Placing reliance on the materials on record, the court below found that the value L.A.A.No.1170/2008 -2-
fixed by the Land Acquisition Officer is too low and does not reflect the real market value of the land prevailed in the locality.
3. Considering the nature and location of the property including its potentiality, the learned Judge found that the value of the land has to be enhanced based on the documents relied on by the Land Acquisition Officer. Accordingly, the court below fixed a reasonable amount of `1,00,000/- per Are as the land value.
On going through the materials and findings recorded by the court below, we are of the view that the amount fixed by the court below is just and reasonable. We do not find any reason to interfere with the award passed by the court below.
The appeal fails and accordingly dismissed.
HARUN-UL-RASHID, Judge.
ANIL K.NARENDRAN, Judge.
kcv.
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Title

State Of Kerala

Court

High Court Of Kerala

JudgmentDate
22 May, 2014
Judges
  • Harun Ul Rashid
  • Anil K Narendran