State Of Kerala vs Poulo

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Kerala High Court

State Of Kerala vs Poulo on 23 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                        &
                   THE HONOURABLE MR. JUSTICE S.MANU
     THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                          LA.APP. NO. 111 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 05.12.2012 IN LAR NO.17 OF
             2011 OF ADDITIONAL SUB JUDGE, NORTH PARAVUR
APPELLANT/RESPONDENT IN L.A.R.:

             STATE OF KERALA
             BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER


RESPONDENTS/CLAIMANT/RESPONDENT NO.2 :

     1       PAULO,
             S/O.VAREETH, VADKKAN (H)
             CHERIAVAPALASSERY - 683 573
     2       THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
             SOUTHERN RAILWAY, ERNAKULAM
             BY ADVS.
             SRI.B.RAJESH, SC, RAILWAYS
             S. BIJU


      THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON   23.05.2024,    THE    COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 LAA No.111 of 2014
                                            2




                                   JUDGMENT

A.Muhamed Mustaque, J.

The State has come up in appeal challenging the award passed by the reference court in LAR No.17 of 2011 on the file of Additional Sub Judge, North Paravur.

2. An extent of 0.45 Ares of land comprised in Re.Sy.No.36/1 of Nedumbassery Village was acquired for the purpose of construction of Angamaly-Sabarimala Railway line. Section 4(1) notification was issued on 14.11.2006. The land value awarded by the Land Acquisition Officer is Rs.2,06,821/- per Are. The reference court refixed the land value at Rs.4,26,200/- per Are. This was placing reliance on judgment in LAR No.72 of 2009. The reference court also awarded compensation for structure in the land.

We note the small extent of the land and taking into account the fact that the reference court relied on LAA No.111 of 2014 3 judgment in the connected matter, we find no reason to interfere with the judgment of the reference court.

Hence, this appeal stands dismissed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

S.MANU, JUDGE rkj