K.O. MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The claimant filed this appeal against the judgment dtd. 30/3/2016 of the Sub Court, Thiruvalla in L.A.R. No.80 of 2012. An extent of 8 Ares of property out of the total extent of 13.15 Ares of property owned by the claimant was acquired for doubling of railway line from Chengannur to Chingavanam pursuant to a notification dtd. 18/7/2019 in terms of Sec. 4(1) of the Land Acquisition Act, 1894.

(2.) The Land Acquisition Officer classified the acquired lands into six different categories for the purpose of acquisition, of which category I are dry lands having access from PWD road and Municipal road in main residential area; category II are dry lands having access from Municipal road and Railway mud road in main residential area; category III are dry lands having access only through Railway puramboke or pathway but nearby to town area, and reclaimed land near town; category IV are dry lands having access from road, but situated away from town and in less developed area; and category V are reclaimed lands having access from railway puramboke or pathway situated away from town and in less developed area. The note to award prepared by the Land Acquisition Officer in connection with the acquisition reveals that for the purpose of fixing the land value of the lands brought under Categories I, II and III, the Land Acquisition Officer has taken into account the land value shown in Sale Deed No.1492/2008 of SRO, Thiruvalla dtd. 12/5/2008 and for the purpose of fixing the land value of the lands brought under Categories IV and V, the Land Acquisition Officer has taken into account the land value shown in Sale Deed No.1724/2008 of SRO, Thiruvalla. The note to award also reveals that the Land Acquisition Officer has made a comparison between the lands covered by the basis document and the acquired lands brought under Categories I, II and III and fixed the land value for the lands brought under Category I at Rs.1,17,072.00 per Are which is 20% above the land value shown in the basis document, Category II at Rs.1,05,364.00 per Are which is 10% above the land value shown in the basis document and Category III at Rs.78,048.00 per Are which is 20% below the land value shown in the basis document. As far as the lands brought under Categories IV and V are concerned, the Land Acquisition Officer, after comparing the same with the land covered by the basis document, fixed the land value for the lands brought under Category IV at Rs.85,561.00 per Are and fixed the land value for the lands brought under Category V at Rs.74,866.00 per Are.

(3.) The acquired land was brought under category IV and the Land Acquisition Officer fixed the land value at Rs.85,561.00 per Are. As per the impugned award, the Reference Court enhanced the land value to Rs.4,93,000.00 per Are. The appellant is challenging the judgment passed by the reference court so far as it has not granted any compensation towards appellant 's claim for severance and injurious affection. It is stated that after the acquisition, the remaining property has been reduced to 5.15 Ares and lies within the limit of 30 metres from the railway line, where no construction or any other activities are permitted. It is stated that the remaining property of the appellant suffers loss of extent of width and now it is a narrow strip and the reference court failed to consider the commission report and the evidence on the side of the appellant in this regard.