KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is preferred by the claimant. The property was in Mulakulam Village and the acquisition was for the purpose of Moovattupuzha Valley Irrigation Project pursuant to Section 4 (1) notification published on 28/1/2005. The claimant's property was included in category 4 by the Land Acquisition Officer . The learned Subordinate Judge, relying on Ext.A5 judgment, has refixed the market value of the land at Rs.10,885/- per Are.

(2.) THE main grievance, which the appellant voices in this appeal, is that his property was liable to be included in category 2. Included in category 2 are dry lands with Panchayat tarred road accessibility. According to the appellant, his property was also having accessibility to the Panchayat road by name Akymal - Koyckapady tarred road.

(3.) EVEN though learned Government Pleader opposes the request for remand, we feel that in the interest of justice an opportunity can be given to the appellant to take out a commission by incorporating sufficient conditions which will protect the interest of the Government in the matter.