STATE OF KERALA Vs. GOVINDAN

JUDGEMENT

(1.) An extent of 6.82 ares of land in Survey No.164/4-2-3 (109717-20-21) was acquired for the purpose of Pumpa Irrigation Project. S.3(1) notification was issued on 1-6-1980. Award was passed on 20-7-1980. The Land Acquisition Officer fixed the land value at the rate of Rs.600/- per are. The land owner claimed compensation at the rate of Rs.2,500/-per cent. He also claimed an amount of Rs.7,000/- for severance. Dissatisfied with the award passed by the Land Acquisition Officer, the claimant sought a reference under S.20 of the Kerala Land Acquisition' Act and accordingly the matter was referred to the lower court.

(2.) The lower court after considering the evidence, fixed the land value at the rate of Rs.5,000/- per are. The lower court also held that the claimant is entitled to 20% of the market value for the acquired property as reasonable quantum of compensation for severance.

(3.) In this appeal filed by the State, learned Government Pleader raised the following points: 1) There is no basis for fixation of Rs.5,000/- per are as land value; 2) The claimant is not entitled to solatium on the compensation awarded for severance; 3) There is no basis for compensation awarded for severance; and 4) The award of benefit of S.23 (1-A) is not sustainable.