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High Court of KeralaLA.App./13/2013dismissed

State Of Kerala v. Sandhya Devi

2015-01-12Honourable 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 MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 LA.App..No. 13 of 2013 (C) --------------------------- AGAINST THE JUDGMENT IN LAR 159/2006 of SUB COURT, PATHANAMTHITTA DATED 16-08-2011 APPELLANT(S)/APPELLANT/ RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR PATHANAMTHITTA

2. THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION KOTTARAKKARA BY GOVERNMENT PLEADER SRI. R. PADMARAJ RESPONDENT(S)/CLAIMANTS:

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1. SANDHYA DEVI, THONDALIL KIZHAKKETHIL, KURMPALA, ADOOR

2. THE MANAGER, CATHOLIC SYRIAN BANK LTD, PANDALAM R2 BY ADV. SRI.SAIGI JACOB PALATTY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

= = = = = = = = = = = = = L.A.A.No.13 of 2013 = = = = = = = = = = = = = = Dated this the 12 th day of January, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed from the judgment and decree in LAR No.159/2006 of Sub Court, Pathanamthitta.

2. The property was acquired for the purpose of Kerala State Transport Project for widening Adoor-Chengannur M.C.Road pursuant to notification dated 07.02.2003. The Land Acquisition Officer fixed the land value @ `38,586/-. The Reference Court enhanced the land value and fixed the same @ `1,50,000/- per Are. Aggrieved by the said judgment, an appeal has been filed by the State.

3. In fact in connected appeals from the same acquisition in LAA No.145 and 183 of 2012 this Court has upheld the fixation of land value @1,50,000/-(Rupees one lakh fifty thousand only) per Are. The date of Section 4(1) notification therein was 20.07.2003 and the Land Acquisition Officer had awarded land

L.A.A.No.13 of 2013 value @ `35,585/- (Rupees thirty five thousand five hundred and eighty five only) per Are.

In the light of the said judgment, we find that there is no scope for interference in this appeal. Therefore, this appeal is dismissed. No costs.

T. R. Ramachandran Nair, Judge P.V. Asha, Judge sj