STATE OF KERALA Vs. ANNAMMA

JUDGEMENT

(1.) THIS appeal is at the instance of the State from the judgment and decree of the Sub Court, Kottayam in L.A.R. No.204 of 2005.

(2.) 32.98 Ares in Sy.No.571/5-8 and 561/5-9 of Velloor Village was acquired for the Kerala News Print Project, Velloor. Notification under Section 4(1) of the Land Acquisition Act (for short,"the Act") was issued on 17.07.1973. The Land Acquisition Officer (for short, "the LAO") passed award on 16.06.1975 fixing land value at Rs.102/- per cent. There was a reference under Section 28A(3) of the Act and the learned Sub Judge took the reference on file as L.A.R. No.204 of 2005. Learned Sub Judge has referred to Exts.A1 to A3, copies of judgments in L.A.R. Nos.18 of 1986, 80 of 1990 and 231 of 2004 and re-fixed the land value at Rs.400/- per cent. Along with that, claimants in L.A.R. No.204 of 2005 were found entitled to get 30% solatium on the enhanced land value and interest at the rate of 9% for a period of one year from the date of taking possession and thereafter at the rate of 15% per annum till realization. That award is under challenge at the instance of the State.

(3.) AS aforesaid, the LAO has passed award on 16.06.1975 and the reference under Sec.28A(3) was made sometime in 2004-05.