PATHUKKUTTY ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimants are the appellants. THEir properties in Thrikkakkara North village included by the Land Acquisition Officer in category-2 (properties with frontage of National High Way but lying on a level with the National Highway) were acquired pursuant to Section 4(1) notification published on 28/12/06 for the purpose of construction of the fly over for the ICTT Project at Vallarpadam. THE Land Acquisition Officer awarded land value at the rate of Rs. 4,22,222/- per Are. THE learned Subordinate Judge would re-fix the land value relying on Ext.A2 and the Commission Report at Rs. 2,55,996/- per cent corresponding to Rs. 6,32,567/- per Are.

(2.) IN this appeal the ground raised by the appellants is that the rate fixed by the Reference Court is inadequate.

(3.) PER contra Smt.Thushara James, the learned Standing Counsel for the Requisitioning Authority who was supported in all her submissions by the learned Senior Government Pleader, submitted that Ext.A2 document is ideally suited for fixing the market value. Ext.A2 is in respect of adjacent property. Ext.C1 Commission Report also will show that Ext.A2 is the property just adjacent to the acquired property. When a document ideally suited is available the Reference Court cannot be blamed for having placing reliance on that document. There is no warrant for increasing the compensation at all.