K K RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimants are in appeal. THEir properties in Elanji Village of Muvattupuzha Taluk were acquired for the purpose of Kakkad Distributory of Muvattupuzha Valley Irrigation Project. THE acquisition in LAA.292/08, corresponding to LAR. No. 228/05, was pursuant to Section 4(1) Notification published on 20-6-1996 whereas the acquisition in LAA. No. 645 of 2008, corresponding to LAR. No. 185/05 was pursuant to Section 4(1) Notification published on 29-7- 1996. THE land acquisition officer awarded land value of Rs.9200/- per Are. THE Reference Court would enhance the same to Rs.12,267/- per Are. THE main items of evidence produced by the claimants was Exts.A1 and A2 judgments. THE learned Subordinate Judge to a great extent placed reliance on Ext.A2 and would re-fix the land value at Rs.12,000/- per Are purporting to award proportionate increase based on Exts.A1 and A2.

(2.) HAVING considered the submissions of Mr. Mathew John, learned counsel for the appellants and Smt. T.T. Josephina, learned Govt. Pleader and having taken into account the probative value of Ext.A2 we feel that the market value of the lands involved in these two cases can be re-fixed at Rs.13,200/- per Are. Hence, we re-fix the market value of the land involved in both these appeals at Rs.13,200/- per Are.