KAREEM Vs. STATE OF KERALA

JUDGEMENT

(1.) This Land Acquisition Appeal is filed against the judgment and decree dated 16.7.1996 in L.A.R. No. 363 of 1994 of the III Additional Sub Judge, Ernakulam. The appellant is the claimant in the Land Acquisition Reference case. An extent of 2.225 cents of land along with a 4 storied building standing thereon was acquired for the purpose of widening the National Highway 47. The relevant notification was published in the Gazette dated 18.10.1991. The Land Acquisition Officer awarded the land value at the rate of Rs. 26, 895/- per cent that is to say Rs. 66,430/- per Are. The building was valued at Rs. 6,49,248/- as against the claim of Rs. 20 lakhs for both building and land together. Not satisfied with the amount awarded by the Land Acquisition Officer, the claimant sought for reference before the court below for enhancement of the compensation.

(2.) Before the reference court the claimant limited his claim at Rs. 1,00,000/- per cent as regards the land value and Rs. 14,61,312/- towards the building.

(3.) The court below after considering the entire evidence in the matter awarded an amount of Rs. 40,000/- per cent towards land value. As a matter of fact, the land value was fixed by the court below relying on Ext. A2 as per which enhancement was given by the court below in a similar case.