STATE OF KERALA Vs. CHELLAMMA

JUDGEMENT

(1.) THE appeal is posted as to be spoken as requested by the learned Government Pleader. Having regard to the submissions, we recall our judgment dated 21/6/2012 and pass the following judgment.

(2.) THE Government is the appellant in both these appeals. The property under acquisition was in Chirakkadavu village and situated in an very important area of Ponkunnam Town. The acquisition pursuant to Section 4(1) notification published on 1/12/2004 was for the purpose of construction of Punaloor - Muvattupuzha State High way. The Land Acquisition Officer fixed land value at the rate of Rs.49,999/- per Are relying on the basis document. Before the Reference Court, the claimants relied mainly on Ext.A3 document dated 27/11/2000. Ext.A3 was in respect of nearby property and pertain to 1.21 Ares of land only. Ext.A3 reflected land value of Rs.3,09,917/- per Are. The learned Sub Judge under the impugned judgment, placing reliance on Ext.A3, has fixed the land value at Rs. 3 Lakhs per Are.

(3.) SRI.Liji.J.Vadakedom learned counsel for the claimants submitted that the commission report is a part of the records in the case. Inspection was conducted by the Commissioner with notice to the Government. The commission report is binding on the Government as the Government did not file objections to the same.