SECRETARY MULLASSERY GRAMA Vs. KISHORE

JUDGEMENT

(1.) THE Requisitioning Authority, the Mullassery Grama Panchayat is in appeal. THE acquisition in all these cases was of lands situated in Mullassery village for the purpose of establishment of a Bus Stand and Shopping Complex for the Mullassery Grama Panchayat. THE acquisition was pursuant to Section 4(1) notification published on 01/08/01. THE Land Acquisition Officer categorised the properties into two. Included in category 1 were properties enjoying the direct frontage of main road. For these properties he awarded land value at the rate of ` 26,370/- per Are. Included in category 2 were properties with frontage of the Panchayat road. For these properties he awarded land value at the rate of ` 24,300/- per Are. Before the Reference Court which tried these and a few other references jointly the evidence adduced on the side of the claimants consisted of Exts.A1 to A22, oral evidence of AW1 to AW7, R1 to R17 series oral evidence of RW1 and Exts.X1 to X5 Commission Report in various cases. THE Reference Court on evaluating the evidence would place more reliance on Exts.A10 and A20 documents reflecting land value of ` 36,742/- per cent and ` 40,000/- per cent respectively and would re-fix the value of lands included in category 2 at ` 60,877/- per Are and would give an increase of 7.5% to the properties in category 1 and would re-fix the value of properties in category-1 at ` 70,008/- per Are.

(2.) IN all these appeals, grounds are raised challenging what is described as the excessiveness of the compensation re-determined by the Reference Court. IN L.A.A.1897/08 another ground is seen raised that the reference was barred by limitation and should not have been entertained.

(3.) COMING to the question of limitation in L.A.A.1897/08 Sri.Shyjo Hassan submitted that the question of limitation was not specifically raised by the Panchayat before the trial court and hence, should not be allowed to be raised in appeal before this Court.