LAWS(KER)-1990-1-35

T K NARAYANA IYER Vs. STATE OF KERALA

Decided On January 10, 1990
T. K. NARAYANA IYER Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is an appeal by the claimants in L.A.R. No.114/1980. The land involved in this case is 51/2 cents in Sy.Nos.110/4A and 110/5 of Guruvayur Village. Notification for the acquisition under S.3(1) of the Land Acquisition Act was made on 9-3-1976. The Land Acquisition Officer awarded Rs.4,500/- percent. The claimants were not satisfied with the compensation awarded by the Land Acquisition Officer. They wanted the matter to be referred to a civil court. The matter was referred and numbered as L.A.R. No.114/1980 of the Subordinate Judge's Court, Trichur.

(2.) The acquisition was for widening the East Nada of Guruvayur Sreekrishna Temple and for providing amenities to Pilgrims. The claimants appellants have claimed Rs.8,000/- percent. The court below enhanced the compensation amount by granting Rs.6,000/- per cent for the land acquired. The claimants have filed this appeal claiming Rs.8,000/- per cent.

(3.) Guruvayur Sreekrishna Temple is one of the most ancient and important temples where lakhs of pilgrims used to visit the temple for offering prayers and to conduct pujas. The whole area near the temple is" high priced and important is well known. Of course, the court may not be fully justified in determining the market value without sufficient data, on the assumption that the area very near to an important temple of the State is one worth a pretty penny.