STATE OF KERALA Vs. CHOYIKUTTY

JUDGEMENT

(1.) This appeal is preferred by the State challenging the judgment passed by the Subordinate Judge's Court, Kozhikode in L.A.R. No. 288 of 1996. The lower court tried the above L.A.R. together with L.A.R. Nos. 191, 192 and 193 of 1996 of the same court and disposed of by the common judgment.

(2.) In L.A.R. No. 288 of 1996 an extent of 0.0356 hectare of land comprised in R.S. No. 40/21 of Elathur Village was acquired for the purpose of Calicut bye pass road of N.H. 47 as per the Notification dated 31.12.1993 issued under S.4(1) of the Land Acquisition Act. By award dated 31.10.1995, the Land Acquisition Officer awarded land value at the rate of Rs. 4,600/- per cent. Dissatisfied with the compensation awarded by the Land Acquisition Officer, the claimants sought reference of their claim for enhanced compensation under S.18 of the Land Acquisition Act and accordingly the above L.A.R. was registered before the lower court. The reference court tried the above LAR along with L.A.R. Nos. 191, 192 and 193 of 1996 and by the common judgment dated 30.6.1999 enhanced the land value at the rate of

(3.) The lower court after considering Exts. A1 to A5, Ext. C1 commission report and the evidence of P.W. 1 found that land value in this case can be enhanced to Rs. 18,000/- per cent. The State has not adduced any contra evidence before the lower court. The lower court has accepted Ext. A5 judgment in L.A.R. Nos. 277 and 278 of 1996 of the same court to arrive at the conclusion that Rs. 18,000/- per cent will be the adequate market value for the property acquired in this case.