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STATE OF KERALA versus R.RASEENA, APPIYATHU, K.P.7/370

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STATE OF KERALA v. R.RASEENA, APPIYATHU, K.P.7/370 - LA App No. 133 of 2005 [2007] RD-KL 210 (3 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 133 of 2005()

1. STATE OF KERALA.
... Petitioner

Vs

1. R.RASEENA, APPIYATHU, K.P.7/370,
... Respondent

2. R.SOOSANNA, RESIDING AT APPIYATHU,

3. R.SUNDARESAN NAIR,

4. R.RADHAKRISHNAN NAIR,

5. R.GOPALAKRISHNAN NAIR,

6. SREEKUMARAN NAIR,

For Petitioner :GOVERNMENT PLEADER

For Respondent :SRI.SUBHASH CYRIAC

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

Dated :03/01/2007

O R D E R

K.T. SANKARAN, J.

L.A.A.NO. 133 OF 2005

Dated this the 3rd day of January,2007



JUDGMENT

An extent of 1.41 Ares of land in Sy.No.1493/1-E of Kadakampally village was acquired for the purpose of Indian Airforce. Section 4(1) notification was dated 5.1.1991. The land was taken possession of on 26.10.1993. The Land Acquisition Officer fixed the land value at the rate of Rs.12,730/- per Are. On reference, the Land Acquisition Court enhanced the land value and held that the respondents are entitled to get compensation on the basis of the land value at Rs.27,190/- per Are. The court below relied on Exts.A1 and A2 judgments in L.A.R.Nos.227 of 1994 and 308 of 1996, which related to the adjacent properties. Learned Government Pleader submits that as against Ext.A1 judgment, L.A.A.No.1396 of 2002 was filed, but that appeal was dismissed. He L.A.A. NO.133 OF 2005 also submits that as against Ext.A2 judgment, no appeal was filed by the State. Since Exts.A1 and A2 judgments have become final, there is no ground for interference in the enhancement granted by the court below. The Land Acquisition Appeal is, therefore, dismissed. (K.T.SANKARAN) Judge ahz/

K.T.SANKARAN, J.

L.A.A.NO. 133 OF 2005

JUDGMENT

3rd January, 2007


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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