STATE OF KERALA Vs. RAVI

JUDGEMENT

(1.) AN extent of 0.33 Ares of land in Survey No.142/25 of Pandalam Thekkekkara Village in Adoor Taluk was acquired for the purpose of widening Kottarakkara - Adoor - Chengannur M.C.Road. Notification under Section 4(1) of the Land Acquisition Act was published on 26.7.2003. The Land Acquisition Officer fixed the land value at Rs.21,925.00 per Are. The respondents/claimants were not satisfied with the amount awarded by the Land Acquisition Officer. They filed an application for reference under Section 18 of the Land Acquisition Act. Accordingly, the case was referred to the Sub Court, Pathanamthitta, whereby, it was numbered as L.A.R.No.384 of 2005. The Land Acquisition Court, by the judgment dated 31.1.2008, awarded enhanced compensation to the respondents, fixing the land value at Rs.1,50,000.00 per Are, instead of Rs.21,925.00 per Are fixed by the Land Acquisition Officer. The State is aggrieved by the judgment passed by the Land Acquisition Court.

(2.) THE respondents/claimants relied on Ext.A1 judgment in LAR No.312/05 and claimed Rs.2,00,000.00 per Are. There is no discussion in the judgment about Ext.A1. However, the court below fixed the land value at Rs.1,50,000.00 per Are, on the reasoning that the land being on the side of the M.C. Road, it would fetch a value of Rs.1,50,000.00 per Are.

(3.) FOLLOWING the judgment in LAA No.345 of 2011, we had allowed LAA No.174 of 2012 and other connected cases and those cases were remanded to the Reference Court for fresh disposal.