STATE OF KERALA Vs. E PRABHAKARAN NAIR

JUDGEMENT

(1.) PIUS C. Kuriakose, J The Government is in appeal. The property was in Thycaud village. The acquisition was pursuant to Section 4 (1) notification published on 05/01/06. The Land Acquisition Officer awarded land value at the rate of Rs. 2,44,530/- per Are. Reference Court under the impugned award re-fixed the land value at Rs. 28 lakhs per Are. According to the Government, the rate so re-fixed is highly excessive.

(2.) WE have heard the submissions of Sri.Aloysius Thomas, the learned Senior Government Pleader and Sri.Lal George, the learned counsel for the respondent.

(3.) WE have given our anxious consideration to the rival submissions addressed at the Bar. WE have gone through the two judgments to which our attention was invited by the learned Government Pleader and the learned counsel for the respondent/claimant. WE notice the judgment of the Honourable Supreme Court in Mehrawal Khewaji Trust v. State of Punjab (2012(2) KLT 542 (SC)) wherein Their Lordships have indicated that the approach of the court should be to award the higher value reflected in documents having probative value as the citizen has been deprived of his property against his wishes. The comparability of the property under acquisition and the property covered by LAA.2450/08 is discernible. May be the property under acquisition was to a slight extent inferior going by the award. But we are sure that the claimant should be awarded at least the value of Rs. 21,38,390/- awarded to the claimant in L.A.A.2450/08 in view of the time lag between the relative notifications under Section 4(1).