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STATE OF KERALA versus B.LATHAKUMARI, W/O.CHANDRAHASAN

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STATE OF KERALA v. B.LATHAKUMARI, W/O.CHANDRAHASAN - LA App No. 729 of 2004 [2007] RD-KL 14719 (1 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 729 of 2004()

1. STATE OF KERALA.
... Petitioner

Vs

1. B.LATHAKUMARI, W/O.CHANDRAHASAN,
... Respondent

For Petitioner :GOVERNMENT PLEADER

For Respondent :SRI.K.K.CHANDRAN PILLAI

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :01/08/2007

O R D E R

KURIAN JOSEPH & T.R. RAMACHANDRAN NAIR, JJ


================================
L.A.A NO. 122/2006, 205/2007 & 729 OF 2004
================================

Dated this the 1st day of August, 2007.



JUDGMENT

Kurian Joseph,J

These appeals arise from the judgment and decree in L.A.R. Nos. 16/2001, 14/2001 and 49/2002 on the file of the Sub Court, Thodupuzha. The acquisition is for the purpose of Thodupuzha-Ramamangalam Road. In L.A.A. 16/2001, the Reference Court took into consideration Ext.A6 and noticed that the property is located in a relatively unimported area. Therefore, in view of the added advantage to the acquired land 15 per cent enhancement on the value shown in Ext.A6 was given. There was also a Commission Report and the claimant was examined as AW1. There was no oral evidence on the part of the respondents. Only the mahazer was marked as Ext.B1. Ext. A6 is of the year 1997 whereas Section 4(1) notification is of 1999. The value of the land covered by Ext.A6 is Rs.29,000/- per cent. Having regard to the facts and circumstances of the case particularly locational advantages of the property after the L.A.A. NOS. 122/2006, 205/2007 & 729/2004 : 2 : transaction in 1997, we are of the view that the reference Court rightly granted enhancement at the rate of 15%. In the absence of any contra evidence, we find no reason to interfere with the compensation of 15% on Rs.29,000/- per cent. Thus, there is no merit in the appeal an the appeal is dismissed. In L.A.A Nos. 122/2006 and 205/2007, the reliance is essentially on L.A.R No. 16/2001, which has become final in view of the judgment in L.A.A NO. 729/2004. Therefore these appeals are dismissed.

KURIAN JOSEPH, JUDGE.

T.R. RAMACHANDRAN NAIR, JUDGE.

rv L.A.A. NOS. 122/2006, 205/2007 & 729/2004 : 3 : KURIAN JOSEPH &

T.R. RAMACHANDRAN NAIR, JJ

L.A.A. NOS. 122/2006, 205/2007 & 729/2004 : 4 : L.A.A. NO. 805 of 2001 13th day of July, 2007

JUDGMENT


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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