PREMCHAND Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal and Cross Objections arise from the Land Acquisition Reference Case No. 10 of 2018 of the Second Additional District Judge Ernakulam. The said reference was made under Sec. 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Act, 2013' for short) in respect of a property having an extent of 8.10 Ares in Re-survey No. 427/9-4 in Block no.12 of Angamaly village acquired for the purpose of 'Coast Guard Infrastructure Development', pursuant to a notification issued under Sec. 4(1) of the Land Acquisition Act, 1894 ('Act, 1894' for short) dtd. 19/10/2013. The appellant claimed land value at the rate of Rs.8,00,000.00 per cent and the Land Acquisition Officer awarded land value at the rate of Rs.3,60,911.00 per Are.

(2.) The Reference Court/Authority awarded land value at the rate of Rs.5,21,908.00 per Are. The appeal is on the ground that the Reference Court/Authority ought to have accepted Exhibit A2 title deed of the acquired property, by which the appellant purchased the property for a consideration of Rs.8,41,019.00 per Are . Further Exhibit A3 sale deed is the title deed of the property adjacent to the acquired property, which shows consideration at the rate of Rs.8,40,336.00 per Are. It is also contended that the fair value of the acquired property at the time of issuance of Sec. 4(1) notification was Rs.8,40,000.00 per Are and the same was subsequently enhanced to Rs.12,60,000.00 on 14/11/2014 by the Revenue Divisional Officer.

(3.) The appellant has also contended that the acquired property is situated very close to Cochin International Airport and