STATE OF KERALA Vs. LEKSHMI AMMA

JUDGEMENT

(1.) The first of these appeals is against the judgment in LAR No. 48 of 1978 and the second one against the judgment in LAR No. 46 of 1978, both disposed of by a common judgment dated 24-2-1979 by the Subordinate Judge of Mavelikkara, on reference applications filed by the respective respondents herein under S.20 of the Kerala Land Acquisition Act. An extent of 5.89 ares of land in S. Nos. 349/5-5 and 349/5-4 and an extent of 8.95 ares in Sy. No. 349/1-8 of Aranmula Village had been acquired for the P. I. P. The appellant in LAA No. 192 of 1979 is the wife of the appellant in LAA No. 197 of 1979. The two reference applications, which gave rise to these appeals were disposed of by a common judgment by the court below, and accordingly we heard these appeals together, and they are being disposed of by this common judgment.

(2.) The respondent in LAA 197 of 1979 does not appear to have made any claim for any specific amount of compensation at any time before the passing of the award on 22-12-1975. According to the court below, the award notes disclosed that the parties had claimed Rs. 500/-and Rs.450/- per cent respectively. In the reference application the respondent in LAA No. 197 of 1979 claimed land value at the rate of Rs. 600/- per cent. The 1st claimant in LAR No. 48 of 1978 who is the 1st respondent in LAA No. 192 of 1979 in a statement filed on 18-12-1975 claimed land value at the rate of Rs. 450 per cent. In another statement filed by the parties they claimed land value at Rs. 600/- per cent. The land Acquisition officer fixed the compensation under two categories (i) for yielding trees capitalised value was given; (ii) for the remaining land, land value was given at the rate of Rs. 450/- per are in both the cases. It was aggrieved by the quantum of compensation awarded that these references had been made at the instance of the claimants before the court below. In the court below the claimants filed statements demanding Rs. 1100/- per are as the land value. That claim was opposed by the appellant State. The court below raised two points for determination:-

(3.) Both the cases were jointly tried and evidence was recorded in LAR No. 46 of 1978 out of which LAA No. 197 of 1979 has arisen by the court below. The properties are slated to have been lying adjacent to each other. On the first point, namely, whether the failure on the part of the claimants to prefer a definite claim before the Land Acquisition Officer could be condoned, the court below took the view that as there was no evidence to show that proper notices under S.9 (3) of the Act were served on the claimants by the Land Acquisition Officer, requiring them to put forth their definite claim, the delay had to be condoned. Accordingly, the delay was condoned. On the question regarding the enhancement of the compensation the court below, after discussing the material placed before it, came to the conclusion that land value at the rate of Rs. 1100/- per are was the compensation to which the claimants would be entitled.