Kerala High Court
State Of Kerala vs G.Chandra Mohan on 24 September, 2007
Author: Kurian Joseph
Bench: Kurian Joseph, Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 407 of 2001()
1. STATE OF KERALA
... Petitioner
Vs
1. G.CHANDRA MOHAN
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :24/09/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO.407 OF 2001
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Dated 24th September, 2007.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and decree in LAR 335/93 on the file of the Sub Court, Kollam. The acquisition is for the purpose of widening of the road at Paravoor market junction. The reference court relied on Ext.A2 document, ....."since there is no counter evidence from the respondent's side to disprove the claimants' case for enhancement of compensation based on Ext.A2 document". As per Ext.A2, the value is Rs.1,50,000/- per Are. Learned Government Pleader submits that the said property is having road frontage and located within Kottappuram village. As far as the present case is concerned, it is seen that the property is situated at the heart of the town. In the absence of any evidence to the contra, we do not find that the reference court has committed any illegality in fixing the market value based on LAA NO.407/01 2 the evidence of the claimant. It is also to be noted that in the instant case also, the property acquired is only .35 Ares. For all the above reasons, it is not necessary to interfere with the decree and judgment passed by the court below. The appeal is hence dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ
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L.A.A. NO.407 OF 2001
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J U D G M E N T Dated 24th September, 2007.