BIJU RAMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) PIUS C. Kuriakose, J We heard Sri.Sandesh Raja, the learned counsel for the appellants for some time. Sri.Sandesh Raja submitted that the property under acquisition was situated in one of the most important areas of Thiruvananthapuram city and that the market value presently fixed by the learned Subordinate Judge will be far below the correct market value of the property at the relevant time. He highlighted that the distance between the property under acquisition and the Thampanoor Railway Over bridge is just 300 metres.

(2.) RESISTING the above submission Sri.Aloysius Thomas the learned Senior Government Pleader drew our attention to LAA.459/11 and submitted that for an identical property in the same village acquired for the same purpose for which the same rate was awarded by the Land Acquisition Officer this Court in L.A.A.459/11 re-fixed the land value at Rs. 23,76,000/- per Are. The learned Senior Government Pleader submitted that Memorandum of Cross Objections No.35/12 is already filed by the Government in anticipating the admission of this appeal. Government Pleader requested that the appeal be formally admitted and the same be decided following the judgment in LAA.459/11 thereby dismissing the appeal and allowing Cross Objections.

(3.) THIS memorandum of Cross Objection is not maintainable as we have not admitted the appeal preferred by the claimant. The same is rejected.