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High Court of KeralaLA.App./420/2012dismissed

State Of Kerala v. Joseph

2015-02-27Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice T.R.Ramachandran Nair3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 LA.App..No. 420 of 2012 (D) ---------------------------- AGAINST THE JUDGMENT IN LAR 80/2007 of PRINCIPAL SUB COURT,NORTH PARAVUR DATED 23-03-2009 APPELLANT(S)/RESPONDENT:

---------------------------------------------- STATE OF KERALA OFFICE OF THE SPL.TAHSILDAR LA NH III VYTILA BY GOVERNMENT PLEADER SRI.R.PADMARAJ RESPONDENT/CLAIMANT:

---------------------------------------------- JOSEPH, S/O AUGUSTINE THANNIKKOTTU, OLANADU KARA KOONAMMAVU POWER OF ATTORNEY HOLDER, THOBIAS S/O.JOSEPH, THANNIKKOOTTU, OLANADU KARA KOONAMMAVUPIN:683 518.

R1 BY ADV. SRI.ANIL KUMAR SREEDHARAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - L.A.A.No.420 OF 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of February, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is from the judgment in L.A.R.No.80/2007 of the Principal Sub Court, North Paravur.

2.

We heard the learned counsel on both sides.

3.

The acquisition was for the purpose of widening of NH 17 from Varapuzha to Cheriappilly and the notification under Section 4(1) was published on 23.08.2004. The land acquisition officer fixed the land value @ `1,21,213/- per Are and the property was included in the first category. Apart from the land value, the structures were also granted adequate compensation by the reference court. It is seen that the land value has been enhanced to `2,16,510/- per Are by the reference court against which the appeal is filed. 3.

It is brought to our notice that this Court dismissed L.A.A.No.313/2010 which arose from L.A.R.No.22/2008 which was

L.A.A.No.420/2012 disposed of by a common judgment by the reference court along with the case of the claimant herein. There the value fixed by the reference court has been affirmed by this Court.

In the light of the above, the appeal is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.