STATE OF KERALA Vs. KOCHITTIAMMA

JUDGEMENT

(1.) This is an appeal filed by the State against the judgment and award dated June 25, 1983 of the learned Sub Judge, Mavelikkara in Land Acquisition Reference No. 12 of 1982.

(2.) The notification in question is dated March 6, 1979 notifying the purpose of acquisition of 39.41 Ares of land in Noornad Village in Mavelikkara for the purpose of erection of 110 K.V. Sub Station at Edappone. Several claimants were considered with the land under notification. They contended that It is a commercial land situated near public roads and there are important institutions and shops in the surrounding area. The claimants claimed at Rs.1,500/- per cent, against other claims such as structures and shifting charges including improvements. The acquiring authority by the award, awarded Rs.886/- per are. This was the subject of a reference under S.18 of the Land Acquisition Act.

(3.) The reference court has considered the aspects in para.8 of the impugned judgment. As for the location is concerned, there is no dispute that, that the acquired land is on the south of a village road that starts from Noornad - Edappone main road. The acquired land is 100 metres west from the main road. On that count by reason of distance, as the possession was acquired in August, 1975, the reference court fixed the value of the land at Rs. 400/- per cent as on August 1975. This was on the basis of the publication of the notification which was covered by Ext. A1. Accepting this as the basis, the learned Judge, as the notification in the present proceedings is of the year 1979 and there being steep increase in the value of properties in land, held that the proper adequate value of the land would be Rs. 600/- per cent.