FATHIM KHALID Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THIS appeal pertains to acquisition of land and the building in Ernakulam village for the purpose of expansion of plat form of the Ernakulam Town Railway Station. Section 4(1) notification was published on 12/1/2006. The Land Acquisition Officer fixed land value at the rate of Rs.1,76,161/- per cent and for the building he awarded value of Rs.77098/-. The Reference Court after evaluating the evidence, refixed the land value at Rs.2,14,574/- per cent and enhanced the building value by Rs. 11,565/- .

(2.) IN this appeal various grounds are raised challenging what is described as the inadequacy of the compensation redetermined. When this appeal came up for admission, Sri.V.K.Mohammed Youseff learned standing counsel for the Railways took notice on behalf of the requisitioning authority.

(3.) HAVING considered the submissions addressed by Sri.John Numpeli learned counsel for the appellant and Sri.V.K.Mohamed Youseff learned standing counsel for the Railways ( who is supported in his submissions by the learned Government Pleader), we feel that the learned Subordinate Judge was a little miserly when he came to fix the value of the building. On the very principle adopted by the learned Subordinate Judge there was justification for awarding Rs.10,000/- more towards the building value. Hence, we award to the appellant Rs.10,000/- over and above what is awarded by the Reference Court towards the building value.