RADHA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree dated 12.06.2006 in L.A.R.No.20 of 2004 of the Sub Court, Koyilandy. That was a reference under Sec.30 of the Land Acquisition Act (for short, "the Act"). The learned Sub Judge ordered that since the appellants have not produced relevant documents, they are not entitled to the compensation deposited in the reference Court.

(2.) THE appellants say that 0.0060 hectors belonging to them was acquired for construction of approach road to Alenakadavu bridge. The Land Acquisition Officer (for short, "the LAO") assessed land value payable at Rs.11,977/- but, did not award the same to the appellants for the reason of non production of title deeds. The LAO made reference under Sec.30 of the Act.

(3.) THE learned counsel for the appellants has given me a copy of award (which was not produced by either side in the reference court) where, in page 7 property acquired in survey 37/8 is shown as coming in resurvey numbers 37/19 and 37/21. It is further noted by the LAO that the sub division records and extent shown in Sec.4(1) notification are that prior to the survey and sub division work and that resurvey number and extent shown in the DD are after survey and scrutiny of SD records by the Superintendent of Survey and Land Records, Kozhikode. In page 26 of the award the LAO states, concerning the 0.0060 hectors which is stated to be in the possession of the first appellant that it is comprised in R.S.No.37/21.