BABU LUKOSE Vs. SPECIAL TAHASILDAR

JUDGEMENT

(1.) THE claimant in L.A.R.No.10/2004 on the files of the Subordinate Judge, Payyannur, is the appellant herein. Certain properties belonging to the appellant were acquired for the purpose of laying a pipe line for the Water Authority as per a notification dated 28.3.1998 issued under Section 4(1) of the Land Acquisition Act. The land acquisition officer fixed land value at Rs. 2984/- per cent. The reference court after considering the evidence adduced by both sides, enhanced the land value to Rs. 5000/- per cent. Dissatisfied with the enhanced land value also, the appellant has filed this appeal seeking enhanced land value.

(2.) THE contention of the appellant is that the land is situated in a very important locality, very near to the Sreekandapuram town by the side of a PWD road. The appellant had produced Ext.A1 assignment deed dated 21.5.1998, by which, a larger extent of property one-and-a-half kilometers away from the Sreekandapuram town was sold for a price of Rs. 8000/- per cent. It is also submitted that relying on Ext.A1 document in respect of another property acquired under the very same notification, another Sub Judge had awarded land value at the rate of Rs. 8000/- per cent as per Ext.P2. Therefore, according to the appellant, the appellant is entitled to much more than Rs. 5000/- per cent awarded by the reference court. The appellant also contends that the appellant had claimed compensation for injurious affection to the balance property in the hands of the appellant after acquisition, which claim had not been considered by the Sub Judge at all.

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