NARAYANAN NAMBOOTHIRI Vs. SPL TAHSILDAR GURUVAYOOR DEVASWOM

JUDGEMENT

(1.) THE claimants are the appellants in all these appeals. The acquisition was pursuant to Section 4(1) notification published on 6/3/2006. The properties were situated in Guruvayoor Village in close proximity to the famous 'ShreeKrishna Temple' at Guruvayoor. The very purpose of the acquisition was the development of Guruvayoor Devaswom.

(2.) THE Land Acquisition Officer awarded the uniform rate of Rs.2,12,400/- per cent as land value. This was done on the basis of Ext.B16 basis document. That document reflected land value of Rs.2,50,000/- per cent. Ext.B16 was dated 22/1/2004. The Land Acquisition Officer did not award the full value reflected in Ext.B16.

(3.) THE submission of Mr.Devadas was that the court below erred in not relying on Ext.A4. Ext.A4 records a normal transaction. Ext.A4 property was situated at a distance of only 75 to 100 meters from the acquired property. Being a normal transaction, the full value reflected in Ext.A4 together with additions at the rate of 15% per year for passage of time should have been given, so submitted the learned counsel. He would draw our attention to the judgment of this court in L.A.A. Nos.151/2010,239 and 310 of 2011 and the judgment of this court in L.A.A. No.450/2009 series. Copies of those judgments were placed before us by Mr.Devadas. The learned counsel submitted, on the basis of those judgments, that for identical property acquired pursuant to earlier section 4(1) notification published on 4-5-2004 for the same purpose, this court refixed the land value at Rs.3,60,000/- per cent and Rs.4 Lakhs per cents respectively. Mr. Devadas submitted that reliance be placed on those judgments also.