GENERAL SECRETARY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimant, the Nair Service Society is in appeal. THEir land in Vanchiyoor village together with a building thereon was acquired for the purpose of development of Vanrose-Oottukuzhy-Secretariat road. THE acquisition was pursuant to Section 4(1) notification published on 10/03/05. Land value was claimed at the rate of ` 15 lakhs per cent by the claimant. For the building, the claimant claimed ` 5 lakhs. THE land Acquisition Officer awarded land value at the rate of ` 3,03,604/- per Are. For the building he awarded ` 4,60,140/-. Before the Reference Court there was claim for enhancement in land value and also for award of structure value at ` 5 lakhs itself. THE evidence consisted of Exts.A1 to A3, oral evidence of AW1 and Exts.R1 to R4. THE learned Subordinate Judge was not impressed by any of the documents produced by the appellant. Finally by applying rule of thumb 35% increase was given on the land value and no increase was given on structure value.

(2.) IN this appeal various grounds are raised challenging what is described as the inadequacy of the market value re- determined by the Reference Court. Significantly in the appeal, there is no claim for enhancement in structure value.