(1.) LAA No. 827/06 was filed by the requisitioning authority against the award passed by the Third Additional Sub Judge, Ernakulam, in LAR No. 3/02 and LAA No. 546/06 was filed by the claimants in the same case. LAA No. 657/06 was filed by the requisitioning authority in LAR No. 5/02 while LAA No. 15/07 was filed by the claimant in the same case. LAA No. 695/06 was filed by the requisitioning authority against LAR No. 42/02 while LAA No. 919/06 was filed by the claimants in the same case. LAA No. 808/06 was filed by the requisitioning authority in LAR No. 4/02 while LAA No. 1397/06 was filed by the claimants in the same case. LAA No. 828/06 was filed by the requisitioning authority against LAR No. 43/02 while LAA No. 857/06 was filed by the claimants in the above case. Since these cases were tried and disposed of by a common judgment by the reference court, we are also disposing of the same by a common judgment. For the purpose of convenience, we are referring to the status of parties as claimants and requisitioning authority, in the appeal. The properties belonging to the claimants in the above cases were acquired for the purpose of the requisitioning authority along with other properties, as per a notification under Section 4(1) of the Act dated 05.03.1990. The entire properties acquired were classified into categories 'A' to 'F' Category A properties were dry lands, having direct frontage of NH 47 and for the said property, the Land Acquisition Officer has awarded land value @ Rs. 2,10,161/- per are. Category B lands were reclaimed lands with road frontage and access to river through reclaimed portions of the river. For these lands, the Land Acquisition Officer fixed land value @ Rs. 85,543/- per are. Category C properties were reclaimed wet lands having river frontage and for this category, the Land Acquisition Officer fixed the land value @ Rs. 83,866/- per are. Category D properties were wet lands with thodu and chira, having road frontage and for these properties, the Land Acquisition Officer has fixed land value @ Rs. 79,585/- per are. E category lands were wet lands with thodu and chira, having access to river through the reclaimed portion of the river for which the Land Acquisition Officer fixed land value @ Rs. 71,627/- per are. Category F lands were lying as private road for own usage and for this, the Land Acquisition Officer fixed land value @ Rs. 100/- per are. The properties in L.A.R. No. 3/02, 5/02 and 42/02 were included in D category, while the property in L.A.R. No. 4/02 and 43/02 were included in E category. Dissatisfied with the land value fixed by the Land Acquisition Officer, the claimants filed objections and at the request of the claimants, the cases were referred to the Third Additional Sub Court, Ernakulam for reconsideration of the land value under Section 18 of the Land Acquisition Act.
(2.) According to the claimants, in all these cases, the categorisation made as D and E is unscientific and they are lying as contiguous plots. There is no difference between these two properties and they were enjoyed as compact plots by the sisters, mother and brothers-in-law and as such, the categorisation made is not proper or scientific. Further, the land value fixed is also not proper and they claimed land value @ Rs. 1.5 lakhs per are.
(3.) On the other hand, the Land Acquisition Officer and the requisitioning authority, who were later impleaded as additional parties in the L.A.Rs., submitted that the categorisation made was scientific and proper and E category properties are chira and wet lands without any road access, whereas D category properties are having road access arid access to the river through the reclaimed portion of land, consequent to which they were correctly classified into separate categories and the amount awarded is just and proper.