ABOOBACKER HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE first claimant is in appeal. His land in Edappally(N) village was acquired by the Government pursuant to Section 4(1) notification published on 14/03/02. THE land was included in category-3 and the Land Acquisition Officer awarded land value at the rate of Rs.1,59,000/- per Are. THE Reference Court under the impugned judgment would re-fix the land value at Rs.2,54,000/- per Are. 0.92 Ares of land was lying as a pathway. For this portion the Land Acquisition Officer awarded only Rs.100/- per Are. THEre was claim for enhancement of market value of the above portion also.

(2.) BEFORE the Reference Court the appellants relied mostly on Ext.A2 and other documents. These documents reflected much higher value. The court below did not place any reliance on those documents. Ultimately what the court below did was to re-fix the market value by applying the rule of thumb about at least 60% above what was awarded by the Land Acquisition Officer. Thus, the market vlaue of the land was re-fixed at Rs.2,54,000/-. However, as regards the portion (which was lying as road - 0.92 Ares), the court below did not award any enhancement.

(3.) THE appeal is allowed to the above extent only. THE appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act for the re-fixed compensation to which he becomes eligible by virtue of this judgment. In the circumstances, proportionate cost (cost in proportion to the success in this appeal) will also be paid to the appellants.