STATE OF KERALA Vs. RAMACHANDRAN NAIR

JUDGEMENT

(1.) STATE of Kerala is the appellant. Challenge is against the Judgment of Sub Court, Trivandrum in L.A.R. No.215/82. 71.74 Ares (1 acre 77 cents) in Pallichal Village, Neyyattinkara Taluk was acquired from the respondents for Defence Department Notification under S.3 (1) of the Land Acquisition Act was issued on 11-10-1977. Award was passed on 16-9-1980 and possession was taken on 25-10-1980. Land Acquisition Officer granted land value at the rate of Rs.370/- per Are (Rs. 150/- per cent) while the claim was for Rs. 1000/- per cent. Being not satisfied with the award the claimant sought reference. The reference court in L.A.R. No.215/82 granted enhancement and fixed the land value at the rate of Rs.2161/- per are (Rs.875/- per cent). The appellant contends that the enhancement granted by the reference court is totally unjustified.

(2.) THERE is a cross appeal filed by the respondent/claimant. He claims statutory benefit as per the amended provisions contained under S.23 (1A) and S.28 of the Land Acquisition Act, 1894.

(3.) PROVISIONS regarding Collector's reference statement to the court as contained in S.19 of the Land Acquisition Act,1894 read as follows:-