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State Of

High Court Of Kerala|19 November, 2014
|

JUDGMENT / ORDER

Ramachandran Nair, J. This appeal arises from the judgment in L.A.R. No.354/2005 on the file of the Sub Court, Pathanamthitta. This case was tried and disposed of along with six other cases and a common judgment has been rendered. As far as the acquired property herein is concerned, the extent involved is 6 ares of dry land comprised in Sy. No.511/17 of Peringanadu Village in Adoor Taluk. The notification under Section 4(1) of the Act was issued on 18.6.2004 and the Land Acquisition Officer fixed the land value at the rate of Rs.52,234/- per are which has been enhanced to Rs.1,35,905/- per are by the reference court. Before the reference court, A.W.1 was examined who gave evidence in support of the claim raised by various claimants and Exts.A1 to A3 are the documents relied upon. On behalf of the State, Exts.R1 to R8 have been produced.
2. Learned Senior Government Pleader submitted that the finding by the reference court is to the effect that Exts.A1 to A3 cannot be compared.
LAA No.337/2013 -2-
It is submitted that the assessment made by the court below is by adopting the value of Rs.1,50,000/- per are by guess work. As far as the other items of properties are concerned, all those were either wet lands or reclaimed lands.
3. The acquisition is for the purpose of construction of Adoor bye- pass road for connecting M.C. Road with Kayamkulam - Punalur road. Even though learned Senior Government Pleader submitted that the assessment of the quantum as far as this particular case is concerned, cannot be justified, we are of the view that since the Land Acquisition Officer himself has categorised the property herein as a dry land and has fixed a higher value compared to the other items of properties, the amount granted as Rs.1,50,000/- per are for the acquired land is justified. The locational importance of the properties are well stated in the judgment. Several public institutions are situated nearby. Since the item is dry land, it will have much potential.
In that view of the matter, we dismiss the appeal confirming the judgment of the reference court. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/
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Title

State Of

Court

High Court Of Kerala

JudgmentDate
19 November, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha