KERALA STATE ELECTRICITY BOARD Vs. JOHN PHILIP

JUDGEMENT

(1.) THE requisitioning authority, the Kerala State Electricity Board is in appeal. According to them, the market value of the land under acquisition fixed by the reference court is excessive. The property under acquisition was in Konni Village. The relevant Section 4(1) notification was published on 10.5.2000. The land was dry land. The land acquisition officer awarded land value at the rate of Rs. 5,517/ - per Are. The reference court, relying on Exts.A3 to A7 documents and considering Ext.A8 basis document, would re -fix the land value at Rs. 75,000/ - per Are. The Electricity Board contends that this re -fixation is excessive. We have heard the submissions of the learned standing counsel for the appellant/KSEB. We have also heard Mr. V. Philip Mathews, the learned counsel for the claimant/respondent. The argument of the learned counsel for the appellant KSEB was that the rate presently fixed by the reference court is excessive. According to him, the basis document was the most apposite document and the land value should not have been enhanced by the reference court.

(2.) PER contra, Mr. Philip Mathew submitted that the learned subordinate judge has correctly appreciated the evidence produced by the parties, viz. Exts.A3 to A7 and has arrived at the correct market value. According to him, the appellant cannot have any legitimate grievance regarding the rate re -fixed by the reference court.