LAWS(KER)-2011-8-84

K S I D C Vs. DISTRICT COLLECTOR

Decided On August 18, 2011
KSEDC Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The requisitioning authority - K.S.I.D.C., represented by the Secretary, (impleaded as the 2nd respondent in LAR 153/98) has filed this appeal challenging the quantum of compensation determined by the Reference Court. An extent of 1.8894 hectares of land comprised in R.S. No. 16/2 and 4.8686 hectares of land in R.S. No. 17 of Panacaud village Panacaud block of Malappuram District were acquired for setting up of IGC, Panacaud Block I. The notification u/s 4(1) of the Land Acquisition Act was published on 14.9.1995. The entire property was categorized as block Aand block B. For the property, including block 'A', the land value was fixed by the Land Acquisition Officer at Rs. 4,200/-per cent. For the land categorized and shown in block - B, the land value was fixed at Rs. 3,360/-per cent. An amount of Rs. 24,74,818/- was awarded by the Land Acquisition Officer as compensation for the land measuring 1.8894 hectares comprised in Sy. No. 16/2. A sum of Rs. 63,96,487/- was awarded by the LA Officers as compensation for the property measuring 4.8686 hectares of land comprised in R.S. No. 17. Complaining of inadequacy of compensation the claimant sought for reference u/s 18 of the Land Acquisition Act.

(2.) Across objection was filed by the claimant contending that the Court below should have granted Rs. 1,000/- per cent more as compensation for the land measuring 7.03 acres of land.

(3.) Sri. M.C. Sen, learned senior counsel appearing for the appellants/requisitioning authority and Sri.Krishnanunni, learned senior counsel appearing for the claimants and also senior Government Pleader have been heard in this matter.