V C KAMALAKSHY Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) AN extent of 0.1352 Hectares of land in R.S.No.20/7 (20/14) of Edakkad Village was acquired for formation of Chovva - Nadal byepass. Notification under Section 4(1) of the Land Acquisition Act was published on 31.5.2000. Possession of the land was taken on 5.11.2002. The Land Acquisition Officer passed an award fixing the land value at Rs.11,915/- per Are, equivalent to Rs.4,826/- per Cent of land.

(2.) THE Land Acquisition Court passed judgment and decree dated 21.12.2006, enhancing the compensation fixing the land value at Rs.15,000/- per Cent and an additional 20% increase to the structures. THE judgment and decree dated 21.12.2006 was challenged before the High Court in L.A.A.No.458 of 2007. As per the judgment dated 17.7.2007, the High Court set aside the judgment and decree of the Land Acquisition Court and the case was remanded to the Land Acquisition Court, granting an opportunity to the claimant to produce the judgment in LAR No.64 of 2004 and to adduce evidence. THE judgment in LAR No.64 of 2004 and connected cases was produced before the Appellate Court and it was contended by the claimant that land value was fixed for the adjacent land at Rs.25,000/- as per that judgment.

(3.) THE Land Acquisition Appeal is allowed. THE judgment and decree appealed against are set aside and the case is remanded to the Land Acquisition Court for deciding the case afresh in the manner indicated above. THE parties shall appear before the Land Acquisition Court on 8th October, 2012. Send back the records urgently.