SIVARAMA PILLAI Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THE claimant is in appeal. As directed by us, Sri. C.R. Syamkumar, the learned Senior Government Pleader has taken notice on behalf of the respondent/State. We have heard the learned counsel for the appellant as well as Sri. C.R. Syamkumar, the learned Senior Government Pleader.

(2.) THE appeal pertains to acquisition of land in Panayam village for the purpose of Perumon Special Refractoriness Factory. The acquisition was on the basis of Section 4(1) notification published on 26/10/86. The Land Acquisition Officer awarded land value at the rate of Rs. 5276/ - per Are. The Reference Court in the first instance enhanced the land value to Rs. 5,500/ - per Are. The claimant brought up the matter in appeal to this Court and this Court by judgment in L.A.A.1475/09 remanded the reference case to the Reference Court. The impugned award has been passed pursuant to the above remand. Before the Reference Court, the evidence consisted of Exts.A1 to A10. Exts. A4 and A6 were judgments of the same court pertaining to acquisition of land in the same village. Under Exts. A4 and A6 for properties which appear to be identical, the Reference Court had awarded value at the rate of Rs. 18,525/ -. The learned Subordinate Judge has under the impugned award re -fixed the land value at Rs. 18,525/ - per Are.

(3.) SRI . C.R. Syamkumar, the learned Senior Government Pleader submitted that the appellant having produced Exts. A4 and A6 is not entitled to appeal as the learned Subordinate Judge has relied on Exts. A4 and A6 and has awarded the appellant the maximum compensation.