State Of Kerala v. Abdul Salam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 LA.App..No. 735 of 2012 () --------------------------- AGAINST THE JUDGMENT AND DECREE IN LAR 148/2007 ON THE FILE OF THE II ADDITIONAL SUB COURT,TRIVANDRUM DATED 23.1.2010 APPELLANT/1ST RESPONDENT:
---------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER SRI.R.PADMARAJ RESPONDENTS/CLAIMANTS 1 TO 3 & 2ND RESPONDENT. : ---------------------------------------------
1. ABDUL SALAM S/O. JALALUDEEN T.C.45/4(6), AMBALATHARA POONTHURA P.O. THIRUVANANTHAPURAM - 695 026.
2. ABDUL MAJEED, T.C.45/4(16), AMBALATHARA POONTHURA P.O. THIRUVANANTHAPURAM - 695 026
3. THE MANAGER, S.B.T. MAIN BRANCH, THIRUVANANTHAPURAM - 695 001.
4. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM - 695 001.
R1,R2 BY ADV. SMT.M.HEMALATHA R4 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AL/-
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No.735 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February 2015
JUDGMENT
Ramachandran Nair, J., This appeal is filed from the judgment and decree in L.A.R. No. 148/2007 on the file of the Sub Court, Thiruvananthapuram. The property was acquired for the widening of LMS-Attakulangara Road as per Section 4(1) notification dated 30.8.2005. The extent of land involved is 0.29 Ares of land in Survey No. 958/1 & 959/1 of Vanchiyoor Village Thiruvananthapuram. The challenge is against the fixation of land value at the rate of Rs. 24,70,000/- per Are as against the land value awarded by the Land Acquisition Officer is Rs. 4,11,665/- per Are.
2. Learned counsel for the respondent submitted that the reference court enhanced the land value in the light of the judgment in L.A.R. No. 340/2006. The property therein
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was also acquired for the very same purpose. Relying upon the same, the land value has been fixed. It is submitted that no appeal was filed from the said judgment. Learned Government Pleader also submitted that no appeal is seen filed from the judgment. In the light of the above, we dismiss the present appeal.
Sd/- T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/- True copy P.A to Judge