SADASIVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE appeals are preferred by the claimants. Their reclaimed lands in Pathiyoor village were acquired at the instance of the Railway for the purpose of doubling of the railway line from Alappuzha to Kollam. The acquisition was pursuant to section 4 (1) notification published on 19/3/1992. The Land Acquisition Officer awarded land value at the rate of Rs.10,412/- per Are. Before the Reference Court, reliance was placed by the appellants on Ext.A1 judgment - judgment in L.A.R No.259/1994. Ext.A1 was in respect of acquisition of land belonging to some of the appellants. Under Ext.A1, the Reference Court had finally refixed the value of dry land, for which the LAO has awarded Rs.6602/-, per Are at Rs.18,375/- per Are. Placing reliance, to a certain extent, on Ext.A1 the learned Sub Judge refixed the market value of the land under acquisition at Rs.25,000/- per Are. The common ground raised by the appellants is that the rate fixed by the Reference Court is inadequate.

(2.) WE have heard the submissions of Sri.George Varghese Perumpallikuttiyil learned counsel for the appellants, who argued that the rate refixed by the Reference Court is inadequate. According to him, based on Ext.A1 itself, the appellants should have been awarded at least Rs. 50,000/- per Are. Per contra, the learned Standing Counsel for the Railways submitted that this court by judgment in L.A.A. NO.712/2011 has refixed the value of dry land at Rs.45,000/- per Are. According to the learned Standing Counsel, as the LAO has found that the value of the reclaimed lands is only 53% of the value of the dry lands, the value of the land under acquisition in these appeals can be refixed only at the rate of Rs.23,850/-. As the appellants received more than that at the hands of the Reference Court, there is no warrant for interference. The submissions of the learned standing Counsel were supported by the learned senior Government Pleader.

(3.) THE appellants will be entitled for all statutory benefits on the refixed land value. Decree copy will be issued to the appellants only after ensuring that the full court fee payable on the appeal memoranda is remitted.