DR.KOTANCHERY RANJINI Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) These Land Acquisition Appeals preferred by the State and the claimants assail the judgment and decree of the Additional Sub Court, Thalassery in L.A.R.Nos.40/2012, 42/2012, 125/2012 and 166/2012. The acquisition in question was of lands in Pazhassi Village in Thalassery Taluk for the upgradation of the Thalassery-Valuvupara Road.

(2.) The notification under Sec. 4(1) of the erstwhile Land Acquisition Act, 1894 [hereinafter referred to as the "Act"] was issued on 29/10/2005 and the award of the Land Acquisition Officer [LAO] was passed on 17/10/2008. Possession of the land and buildings thereon were taken on various dates between October, 2008 and April, 2009. The LAO awarded Rs.12,607.00 per cent towards market value of the land in the area and various amounts towards value of the buildings situated thereon, by estimating the same using the PWD Schedule of Rates, 2004. Aggrieved by the said award, the claimants received the awarded amounts under protest and sought reference of the issue of enhancement of compensation to the reference court under Sec. 18 of the Act.

(3.) Before the reference court, the claimants produced two documents - Ext.A3 Sale Deed No.3050/2008 dtd. 22/9/2008 of SRO, Mattanur and Ext.A4 Sale Deed No.1684/2005 dtd. 25/6/2005 of SRO Mattanur as sale exemplars of similar properties in the area. They contended that the basic document relied upon by the LAO was not produced before the reference court and, in its absence, the finding of the LAO regarding market value of the acquired lands could not be sustained. They also relied on Ext.X1 report of the Advocate Commissioner. In support of their claim for enhancement of value of the buildings, however, no reliable evidence was adduced before the reference court save for the report of an Advocate Commissioner in an Original Suit [O.S.No.361/2010] filed in 2010 by one of the claimants, the details of which, and the relevance of which to the issue referred are not entirely clear.