PONNAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is filed by the claimant, whose properties in Attipra Village were included in categories v and viii and acquired pursuant to Section 4(1) notification published on 17.12.2003, for the purpose of establishment of Electrical Technology Park at Kazhakoottam. For the properties included in category -v, the Land Acquisition Officer awarded land value at the rate of Rs. 68,397/ - per Are. For the properties included in category -viii, he awarded land value at the rate of Rs. 17,967/ - per Are. The reference court, in the first instance, re -fixed the value of the properties included in category -v at Rs. 1,80,000/ - per Are. For properties included in category -viii, the reference court in the first instance awarded land value at Rs. 1,25,280/ - per Are. Considering the appeal preferred by the Government, those awards were set aside and the LAR No. 421 of 2005 was remanded to the lower court for taking a fresh decision. The impugned awards have been passed pursuant to the order of remand passed by this Court. Under the impugned award, value of the properties in category -v has been re -fixed at Rs. 55,000/ - per cent corresponding to Rs. 1,35,905/ - per Are. The value of properties in category -viii has been re -fixed at Rs. 25,000/ - per cent corresponding to Rs. 61,775/ - per Are.

(2.) THE ground raised in this appeal is that the market value awarded by the reference court is inadequate. It is also urged that the properties included by the Land Acquisition Officer in categories -v and viii were lying contiguously and were being enjoyed by the appellant as one single holding. The entire property should have been included in category -v itself. The land value claimed in this appeal is at the rate of Rs. 1 lakh per cent corresponding to Rs. 2,47,100/ - per Are on the basis of Ext. A1 document.

(3.) THE argument of Sri.Lal George was that the rate fixed by the reference court is quite inadequate, while the argument of the learned Senior Government Pleader and Smt. Reshmy was that the rate presently fixed is quite sufficient.