ODIYIL KORAPPAN Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THIS appeal is preferred by the claimant whose land in Thalakulathur village was acquired for the purpose of construction of Kozhikode By Pass pursuant to Section 4(1) notification published on 2/07/1992. The Land Acquisition Officer awarded land value at the rate of Rs.5102/- per cent. The Reference Court on evaluating the evidence adduced by the claimant would refix the land value at Rs.18,000/- per cent. Sri. learned counsel for the appellant drew our attention to the judgment of this court in L.A.A. No.169/2008 and submitted that under that judgment the value of identical land acquired for the same purpose pursuant to the same notification was refixed at Rs.25,000/-.

(2.) THE senior Government Pleader Sri.S.Jamal does not agree. He would place reliance on the judgment of this court in L.A.A. No.1683/2002 and C.O. No.64/2010. The learned senior Government Pleader submitted that under that judgment value of identical land acquired for the same purpose has been refixed by this court at Rs.18,000/- per cent only.

(3.) REFUND full court fee remitted on the appeal memorandum to the learned counsel for the appellant. The learned Sub Judge will expedite the exercise and pass revised award within four months of the parties entering appearance before the Reference Court. The parties will enter appearance before the Reference Court on 30/7/2012.