STATE OF KERALA Vs. MANIKKOTH BABY GIRIJA

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree of the Sub Court, Kozhikode in LAR No. 196 of 1996.

(2.) 2.2724 cents in re-survey No.65/04 of Nellikode Village was acquired for construction of the Calicut Bypass road as per Sec.4(1) notification dated 07.01.1991. The Land Acquisition Officer (for short, "the LAO") fixed land value at Rs.4,115/- per cent as per award dated 13.09.1993. There was a reference under Sec.18(1) of the Land Acquisition Act (for short, "the Act"). In that reference, the learned Sub Judge, relying on Ext.A2, judgment in LAR No. 84 of 1994 re-fixed land value at Rs.18,000/- per cent. Other statutory benefits admissible under the Act were also granted to the respondent. Appellant/State is aggrieved and preferred this appeal.

(3.) EXTS . A1 and A2 are the only documents which the respondent produced before the reference court. Ext.A1 is the copy of judgment dated 25.11.1997 in LAR No. 84 of 1994 and connected cases. Ext.A2 is the copy of judgment dated 30.10.2000 in LAR No. 84 of 1994. In Ext.A2, the reference court re-fixed land value at Rs.18,000/- per cent. It is based on Ext.A2 that the reference court in the case re-fixed land value at Rs.18,000/- per cent.