D.K. SANKER (DIED) Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is filed by the appellant aggrieved by the judgment in L.A.R No. 604 of 2009 on the file of the II Additional Sub Court, Thiruvananthapuram. Herein the property was acquired for widening of G.G Hospital -Kumarapuram -Poonthi -Anamugham -NH Bye pass. The Notification under Section 4(1) of the Land Acquisition Act was published on 26.06.2006 and the Land Acquisition Officer has fixed the land value at Rs. 2,23,313 per Are. The claimant claimed Rs. 30 lakhs per cent and the land value awarded by the Reference Court is at Rs. 11,11,500/ - per Are.

(2.) THE learned counsel for the appellant submitted that the appellant has claimed land value at Rs. 12,35,000/ - per Are in this appeal. He is also seeking enhancement of structure value by Rs. 1,50,000/ - in this appeal whereas the Land Acquisition Officer has granted Rs. 1,00,286/ - for the same.

(3.) IT is submitted that the same amounts to a categorisation of the areas acquired, in the light of the importance of the different items of properties and their less importance etc. It is submitted that for Reach -I, the land value has been fixed at the rate of Rs. 2,48,125/ -, for Reach -II, it is Rs. 2,23,313/ -, and for Reach III -A, it is Rs. 1,97,775/ -. It is therefore, submitted that, the view taken by the reference court by relying upon the judgment in L.A.A. 151/2011 is not correct. According to the learned Sr. Government Pleader, there should have been a proper deduction, for the less importance of the acquired property in Reach -II and Reach III -A, from the land value fixed in L.A.A. No. 151/2011. Therefore, he vehemently submitted that, this Court will be justified, in reducing a percentage of amount in these two Reaches.