STATE OF KERALA Vs. BIBY BABU PUNNOORAN

JUDGEMENT

(1.) AN extent of 32 ares of land in Kainakary village, belonging to the respondents, was acquired for the purpose of department of Tourism, Government of Kerala. As per the award dated 30.6.2003, the Land Acquisition Officer awarded compensation fixing the land value at Rs.6,818.00 per are. Dissatisfied with the compensation awarded, the respondents filed an application under Section 18 of the LAND ACQUISITION ACT, 1894 for reference to the Sub Court, Alappuzha.

(2.) BEFORE the Land Acquisition Court, the respondents claimed land value at the rate of Rs.18,800.00 per are of land. They produced Exts.A1 to 4 registered documents, in support of their contention that the land value fixed by the Land Acquisition Officer is very low. Notification under Section 4(1) of the Land Acquisition Act was published on 29.2.2000. Award was passed on 30.6.2003. Possession of the property was taken on 23.7.2003.

(3.) THE Court below noticed that under Ext.A1 dated 10.4.1997, an extent of 20 ares of land in Kainakary village was sold at the rate of Rs.25,000.00 per are. As per Ext.A2 sale deed dated 9.4.1997, an extent of 13 ares of land in the same village was sold at the rate of Rs.38,461.00 per are. Ext.A3 sale deed executed on 10.4.1997 shows that an extent of 17.80 ares of land in the same village was sold for a consideration of Rs.28,090.00 per are. Ext.A4 sale deed shows that the value of land at Rs.31,111.00 was paid in respect of the sale which took place on 30.3.2000 for an extent of 4.5 ares of land in the same village. The Court below held that Ext.A1 to A3 sale deeds were executed before the notification under Section 4(1). It was held that though those lands are situated in Kainakary village, where the acquired land is also situated, the valuation shown in those documents cannot be taken as the value of the acquired land, since the claimants did not prove that the acquired land is similar and similarly situated as Ext.A1 to A3 lands. However, taking into account the value shown in Exts.A1 to 3 and also on the basis of evidence on record, the Court below fixed the land value at the rate of Rs.18,000.00 per are. The value fixed by the Reference Court is not at all on the higher side. We do not find any ground to interfere with the value fixed by the Land Acquisition Court. The Court below also enhanced the value of improvements at Rs.1,00,000.00 as against the compensation of Rs.72,190.00 granted by the Land Acquisition Officer.