LAWS(KER)-2012-6-278

VARGHESE S/O VARGHESE Vs. STATE OF KERALA

Decided On June 21, 2012
VARGHESE, S/O.VARGHESE Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE claimant is the appellant. His grievance is that though a total extent of 12.17 Ares of land was acquired from his possession for the purpose of construction of Peruva Distributory of Muvattupuzha Valley Project, he was given compensation only for 8.16 Ares of land. According to him no compensation was awarded to him for 4.01 Ares of land which was also taken over from him in land acquisition proceedings.

(2.) SRI.M.J.Thomas, the learned counsel for the appellant would draw our attention to Ext.C1 Commission Report and Ext.C1(a) plan. He pointed out that the Government did not file any objections to Exts.C1 or C1(a). As Ext.C1 and C1(a) have not been objected they are to be accepted as correct. If Exts.C1 and C1(a) are accepted as correct, it will have to be found that the appellant was deprived of 12.17 Ares of land in land acquisition proceedings. The learned counsel for the appellant requested that the appeal be allowed and the appellant be awarded land value and statutory benefits for 4.01 Ares of land at the rate fixed in the impugned award.