LAWS(KER)-2012-6-329

SREE SANKARACHARYA SANSKRIT UNIVERSITY Vs. K A PAUL

Decided On June 25, 2012
SREE SANKARACHARYA SANSKRIT UNIVERSITY Appellant
V/S
K.A.PAUL Respondents

JUDGEMENT

(1.) THE requisitioning authority is in appeal challenging the revised award passed by the Reference Court. The property was in Kalady village and was included in category 7 (triple- crop wet land). The Land Acquisition Officer awarded land value at the rate of Rs.2839/- per Are. The Reference Court in the first instance would refix the land value at 45% above the rate awarded by the Land Acquisition Officer. Since the claimants were not satisfied, they came in appeal. Considering their appeal, the matter was remanded by this court to the Reference Court for a fresh decision. The impugned award is passed accordingly.

(2.) THE argument of the learned counsel for the appellant was that the Reference Court relied on a particular Judgment Ext.B3. Ext.B3 was passed by the Reference Court relying on another judgment of the same court. The judgment relied on by the Reference Court in Ext.B3, the very foundation of the impugned award, has been set aside. Therefore, the impugned award be set aside and the matter be remanded back to the Reference Court for a fresh decision, so submitted the learned counsel for the appellant.