MANIYAMBATH BALAN, Vs. GOVT. OF KERALA AND

JUDGEMENT

(1.) THIS appeal is directed against the decree and judgment in LAR. No. 193/2003 on the file of the Subordinate Judge's Court, Thalasserry. The appellant has preferred this appeal dis -satisfied with the quantum of compensation awarded for an extent of 0.1024 hectares of land acquired from him for the purpose of development of Thalasserry -Mahe bye -pass road.

(2.) THE Land Acquisition officer awarded a sum of Rs. 2,98,295/ - to the appellant. On a reference made for enhancement of compensation, the court below granted an additional compensation of 15% over the land value adopted by the Land Acquisition Officer. In other words, the Reference Court gave an enhancement of Rs. 29,444/ -, over and above the value adopted by the Land Acquisition Officer.

(3.) IT is not in dispute that the acquisition in the above appeal was also for the very same purpose viz., Thalasserry -Mahe bye -pass. In that view of the matter, we are satisfied that the appellant in this case can also be awarded compensation at the rate of Rs. 17,500/ - per cent for the extent of land viz., 0.1024 hectares acquired from him. It is accordingly held that the appellant shall be entitled to get land value at the rate of Rs. 17,500/ - per cent for the land acquired from him.