STATE OF KERALA Vs. K.R.SANKAR

JUDGEMENT

(1.) : The State is the appellant herein. The State acquired certain properties belonging to the 1st respondent for the widening of the LMS Attakulangara Road, which passes through Palayam, Statue Junction, General Post Office Junction, Ayurveda College Junction, Over Bridge and Pazhavangadi. The acquisition was as per a notification dated 8.7.2004 issued under Section 4 (1) of the Land Acquisition Act. The land acquisition officer fixed land value at Rs. 4,11,665/- per are. On reference, the Sub Court re-fixed the land value at Rs. 24,70,000/- per are. Aggrieved by the land value fixed by the IInd Additional Sub Court, Thiruvananthapuram, in L.A.R.No.110/2007, the State has filed this appeal.

(2.) THE contention raised by the appellant is that the Sub Court fixed the land value not on the basis of any evidence available on record. The Sub Court has simply held that the land involved in L.A.A.No.1330/2005 of this Court was near to the property acquired in this case and based on that finding, land value was fixed for the property acquired taking assistance from the said judgment. According to the appellant, there is no evidence on record to show that the land involved in L.A.A.No. 1330/2005 is near to the property in this case insofar as the only evidence available is Ext.A2 certified copy of the judgment in L.A.R.No.97/1999 of the IInd Additional Sub Judge, Thiruvananthapuram. No commission was taken out by the claimants for comparing property involved in L.A.A.No. 1330/2005 and the acquired property, is the contention raised. It is also submitted that in the common judgment in L.A.A.Nos.2008/2008 and 263/2009, for a property acquired for the same purpose by a notification dated 7.8.2004, where the land acquisition officer fixed land value at Rs. 4,11,665/- per are as in this case, this Court re-fixed land value at Rs. 21,60,000/-. Therefore, the Sub Court ought to have re-fixed land value only as Rs. 21,60,000/- is the contention raised.

(3.) WE have considered the rival contentions in detail.