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2009 Supreme(Ker) 29

PIUS C.KURIAKOSE, M.C.HARI RANI
State Of Kerala, Rep. by Special Tahsildar – Appellant
Versus
Berkumans – Respondent


Advocates Appeared:
For the Petitioner:Basant Balaji, Government Pleader. For the Respondents:R2 & R4-7, R. Manoj, Advocate.

Judgment :

Pius. C. Kuriakose, J.

These are all appeals preferred by the government challenging enhancement of land acquisition compensation, awarded by the Subordinate Judge Court, Thiruvananthapuram in land acquisition reference cases. The reference cases pertained to acquisition of land in Muttathara Village within the limits of Thiruvananthapuram city for the construction of Moonathumukku bridge and approach road. The relevant Section 4(1) notification was published on 16.02.2001. The land acquisition officer categorized lands under acquisition into two categories. Properties in Category No.1 were properties which had direct frontage of road and properties in category No.2 were properties which did not have such frontage. For properties in category No.1 the land acquisition officer awarded land value at the rate of Rs. 42,538/- per Acre and for the properties in category No.2, he awarded land value at the rate of Rs. 34032/-.

1. 2. Before the reference court, the parties in the first four cases within pertain to acquisition of land in category No.2 relied on Ext.A.1, copy of sale deed No.3482/99 of Sub Registry, Thiruvananthapuram and in the remaining cases pertaining to lands i












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