KERALA STATE ELECTRICITY BOARD Vs. R K SHAJITHA

JUDGEMENT

(1.) THE appeal is preferred by the Kerala State Electricity Board, the Requisitioning Authority and the memorandum of cross objection is filed by the claimant.

(2.) THE property was in Thaikkad village within the area of Guruvayoor township. The acquisition was pursuant to Section 4(1) notification published on 23/10/91. The Land Acquisition Officer awarded land value at the rate of Rs. 9,000/- per Are treating the property to be wetland. Before the Reference Court the evidence consisted of Exts.A1 to A13, C1 Commission Report, then the oral evidence of AWs.1 to 4 and RWs.1 and 2. Relying mainly on Ext.C1 Commission Report and the oral evidence adduced by the parties, the learned Subordinate Judge would come to the conclusion that the property under acquisition was not waterlogged land as wrongly found by the Land Acquisition Officer, but was actually dry land. The learned Subordinate Judge found that of the various documents put in evidence by the claimant, Ext.A5 was the most apposite one. Ext.A5 was in respect of a small plot extending to 4.5 cents. Ext.A5 reveals a land value of Rs. 40,000/- per cent. Ext.A5 was executed one year and three months prior to the promulgation of Section 4 (1) notification. The learned Subordinate Judge took the view that as Ext.A5 was in respect of a small plot deductions have to be made for smallness of the plot. Accordingly, relying on Ext.A5, the learned Subordinate Judge fixed the land value at Rs. 30,000/- per Are.

(3.) IN this appeal, the Electricity Board contends that the rate fixed by the Reference Court is excessive whereas in the Cross Objection the contention raised by the claimant is that the rate fixed by the Reference Court is inadequate. According to claimants, at least Rs. 40,000/- per Are should have been granted as additions has to be made for passage of fifteen months time.