JAMEELA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal preferred by the claimant pertains to acquisition of her landand building situated in Cheranelloor Village pursuant to Section 4 (1) notification published on 14/3/2002 for the purposes of NH-17. The property was included in category 1 i.e. properties abutting existing highway and was awarded land value at the rate of Rs.1,08,800/- per Are. The Reference Court on evaluating the evidence adduced by the parties refixed the land value at Rs.1,71,600/- per Are. For the building which existed on the property the Land Acquisition Officer awarded Rs.2,49,535/-. Even though Ext.C1 commission report prepared by the commissioner with the assistance of an expert engineer was relied on, the court below discarded the same stating reasons. In this appeal enhancement is claimed towards land value as well as towards the building value.

(2.) THE Government has preferred a memorandum of Cross Objection assailing the land value refixed by the Court as excessive.

(3.) THE appellant has another grievance. As theamount due under the original award passed by the Land Acquisition Officer was paid in two instalments, the appellant has not received the entire interest due to her on the original compensation under Section 28.As regards this grievance, we permit the appellant to make appropriate claim in the Execution Petition to be filed for the execution of the present decree, in which case the Execution Court will verify the claim and order payment if the grievance is found to be correct.