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2009 Supreme(Online)(KER) 19858

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, PQ BARKATH ALI, JJ
T V LEELAMMA – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Pius C. Kuriakose, J This appeal is preferred by the claimant whose properties were acquired for the establishment of the Industrial Growth Centre at Kunnamthanam. The relevant Section 4(1) notification was published on 15/06/95. The Land Acquisition Officer awarded land value at the rate of Rs.3459/- per Are. The only tangible item of evidence on the side of the claimant before the Reference Court was Ext.A1. Ext.A1 was judgment of the same court in another land acquisition case pertaining to the very same acquisition. The property in Ext.A1 had also been awarded to the same rate by the Land Acquisition Officer in his award.

Under Ext.A1, the land value was re-fixed by the court to Rs.6175/-. The Reference Court relied on Ext.A1 and re-fixed land value of the acquired property in this case also at the rate of Rs.6175/-.

2. We have heard Sri.T.K.Koshy, the learned counsel for the appellant and Sri.P.K.Babu, the Senior Government Pleader. Sri.Koshy submitted that the acquired properties in this case was superior to Ext.A1 property. AW1's evidence was to the effect that the acquired properties have frontage to the main road while Ext.A1 property did not enjoy such frontage. He

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