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STATE OF KERALA, REP. BY THE versus SMT. SANTHAMMA, MATTACKATTU

High Court of Kerala

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STATE OF KERALA, REP. BY THE v. SMT. SANTHAMMA, MATTACKATTU - LA App No. 65 of 2007 [2007] RD-KL 1612 (19 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 65 of 2007()

1. STATE OF KERALA, REP. BY THE
... Petitioner

2. THE EXECUTIVE ENGINEER,

Vs

1. SMT. SANTHAMMA, MATTACKATTU,
... Respondent

For Petitioner :GOVERNMENT PLEADER

For Respondent : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

Dated :19/01/2007

O R D E R

K.T. SANKARAN, J.

C.M.APPL. NO. 82 OF 2007 IN L.A.A.NO. 65 OF 2007

Dated this the 19th day of January,2007

O R D E R

An extent of 0.41 Ares of land in Sy.No.123/4-18 of Veeyapuram village was acquired for the purpose of widening and strengthening of Haripad - Veeyapuram road. Notification under Section 4(1) of the Land Acquisition Act was issued on 7.2.1991. Possession of the property was taken on 18.9.1992. Award was passed on 25.3.1993. The Land Acquisition Officer granted compensation fixing the land value at Rs.4,837/- per Are.

2. The Land Acquisition Court relied on Ext.A1 judgment in L.A.R.No.500 of 1994 where, in respect of the land acquired under the same notification and for the same purpose, land value at Rs.26,000/- per Are was granted. No appeal was filed against the judgment in L.A.R.No.500 of 1994. However, the court below granted C.M.APPL.NO.82 OF 2007 only 80% of the land value awarded in L.A.R.No.500 of 1994 on the ground that the land in the present case is situated one kilometre away from the land involved in L.A.R.No.500 of 1994.

3. The learned Government Pleader submits that no appeal was filed against the judgment in L.A.R.No.500 of 1994. The court below was fully justified in granting enhancement of compensation at the rate of 80% of the amount awarded in L.A.R.No.500 of 1994. The Land Acquisition Appeal lacks merit and it is liable to be dismissed. Since no purpose would be served by issuing notice in the application for condonation of delay of 582 days in filing the appeal, the application is dismissed. (K.T.SANKARAN) Judge ahz/

K.T. SANKARAN, J.

L.A.A.NO. 65 OF 2007

Dated this the 19th day of January,2007



JUDGMENT

Consequent to the dismissal of the application for condoning the delay in filing the appeal, the Land Acquisition Appeal is also dismissed. (K.T.SANKARAN) Judge ahz/


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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