DELEEP THARIYAN VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is filed by the 3rd claimant in L.A.R.No.1/2006 before the Sub Court, Thiruvananthapuram. 35.780 acres of land belonging to the appellant were acquired on behalf of the 2nd respondent requisitioning authority as per a notification dated 14.6.1994 issued under Section 4(1) of the Land Acquisition Act. The land acquisition officer fixed land value at Rs. 1,400/- per cent. The reference court enhanced the same to Rs. 4,200/- per cent. Dissatisfied with the land value fixed by the Subordinate Judge, the 3rd claimant has filed this appeal seeking enhanced land value.

(2.) THE requisitioning authority has filed the above cross objections contending that the land value fixed by the reference court is not commensurate with the market value of the property.

(3.) THE requisitioning authority strongly opposes the contention of the appellant. It is pointed out that the land acquired from the appellant has an extent of 35.780 acres whereas Ext.A7 property comprises only of 25 cents. It is submitted that in the acquired property, there is a granite quarry ten feet deep, which would go to reduce the land value of the land in question. It is also submitted that the learned Sub Court has found that 30% of the acquired land is uneven land. According to the requisitioning authority, these aspects are sufficient to reduce the land value from that in Ext.A7 document. According to the learned counsel for the requisitioning authority, the land value fixed by the reference court is higher than the actual market value of the land and it requires to be reduced further.