SECRETARY Vs. SPECIAL TAHSILDAR (LA) AND ORS

JUDGEMENT

(1.) The requisitioning authority, Kodom Belur Grama Panchayat, has preferred these appeals and the claimants in L.A.A. Nos. 485/2010 and 16/2010 have preferred memoranda of Cross Objections.

(2.) These cases had come to this Court earlier and another Division Bench of this Court, to which one among us (PCK(J)) was party, passed an order of remand in L.A.A. No. 1270/2005 and the impugned judgments have been passed pursuant to the above order. A perusal of the judgment of remand passed by this Court in L.A.A. No. 1270/2005, will show that this Court had noticed some force in the submission made on behalf of the requisitioning authority that it was not safe to rely on Exts. A1 and A2 documents upon which the claimants had relied on very much. Under the remand order, both sides were given opportunity to adduce further evidence.

(3.) The learned Subordinate Judge under the impugned judgment has refixed the value of land at Rs. 15,038.10. It will be seen, on a careful reading of the impugned judgment, that it is after analysing the various documents and other items of evidence on record that the learned Subordinate Judge came to the conclusion that the one document which can be safely relied on is Ext. A11 which was executed way back on 14/10/1996. The learned Sub Judge would arrive at value of Rs. 15,038.10 by making calculation on the basis that every year, land value has been increasing in the area of the acquired property at the rate of 10% per year.