SATHEEDEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) UPON this appeal coming up for admission, Smt.Rose Michael learned Government Pleader has taken notice on behalf of the Government and we have heard the submissions of Sri.Pratheesh.P. learned counsel for the appellant as well as the learned Government Pleader.

(2.) THIS appeal pertains to acquisition of land in Thrikkadavur village pursuant to Section 4(1) notification published on 26/3/1996. The Land Acquisition Officer awarded land value at the rate of Rs.20,238/- per Are. The Reference Court under the impugned award would refix the land value at Rs.32,381/- per Are. According to the appellant, the rate refixed by the Reference Court is inadequate.

(3.) THE learned Government Pleader submitted that comparability between the property covered by the judgment in L.A.A. NO. 1123/2009 and the property under acquisition in this case has not been properly brought out. According to the Government Pleader, prejudice will be occasioned to the Government if the same proportion of increase is given .