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2009 Supreme(Online)(KER) 24134

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, P.Q.BARKATH ALI, JJ
PARAYIL THENGAT UMMER HAJI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


Advocates:
SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.K.A.BALAN, SRI.PETER JOSE CHRISTO, SRI.A.M.SHAFFIQUE, SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SMT.P.N.SUMANGALA

J U D G M E N T

Pius C. Kuriakose, J.

The claimants are the appellants. In these appeals, they challenge the judgments of the Land Acquisition Reference Court, Manjeri in LAR Nos.41/2000 and 43/2000. L.A.A.No.650/07 pertains to the judgment and decree in LAR No.41/2000. In fact, it was relying on the judgment and decree in LAR No.41/2000 that the reference court passed the award in LAR No.43/2000 which is under challenge in LAA No.1658/07.

2. The acquisition was of land in Chevayur village. The relevant Section 4(1) notification was published on 07-02-1998. The purpose of the acquisition was construction of Air Cargo Complex at Calicut Airport. The Land Acquisition Officer awarded land value at the rate of Rs.60,971/- per cent. The evidence in LAR No.41/2000, which was decided by the learned Sub Judge along with LAR No.42/2000, another case pertaining to the same acquisition, consisted of oral evidence of AWs 1 and 2, RW1 and CW1, Advocate who had submitted Ext.C1 Commission report. The documentary evidence on the side of the claimants consisted of Exts.A1 to A3. The documentary evidence on the side of the respondents consisted of Exts.B1 to B6. Ext.A1 was copy of the registered sale

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