G RAMESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted. We have heard learned counsel on both sides.

(2.) This appeal by special leave arises from the judgment of the Division Bench of the Kerala High Court, made on January 22, 1996 in LAA No. 414/86.

(3.) Notification under Section 3(1) of the Kerala Land Acquisition Act, 1960 was published on March 26, 1976, acquiring 17 acres of land in Thampanoor which is part of the Trivandrum city, for construction of the Kerla Road Transport Corporation Depot. One acre is equivalent to 2.47 cents. Possession was taken on August 6, 1976. The award was made on the said date and the sum of Rs. 8,250/- per cent was determined by the Land Acquisition Officer. On reference, under Section 18, the Civil Court by award and decree dated July 21, 1986 enhanced the compensation to Rs. 25,000/- per cent. On appeal, the learned Judges made two categories of land. The first category consisted of 9.54 ares abutting the road, and another 7.60 areas interior to the lands covered by the first category, which is low-lying area below one metre to the first category, land. Consequently, they determined the compensation at the rate of Rs. 61,750/- per are for the lands abutting the main road and Rs. 43,035 per are for the low-lying lands. To that extent, the learned Judges reversed the decree and award of the reference Court. As against the reversal in respect of the low-lying land this appeal has come to be filed.