VARGHESE; STATE OF KERALA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) These appeals arise out of the judgment and decree of the Additional Sub Court, North Paravur dated 30.11.2005 in L.A.R.No.597 of 1998. L.A.A.No.89 of 2007 is filed by the claimant in that L.A.R. and L.A.A.No.886 of 2007 is filed by the State.

(2.) The land owned by the claimant, having an extent of 49.70 Ares (122.76 cents) comprised in Survey Nos.156/9, 10, 7 and 26 of Nedumbasserry Village was acquired for the purpose of rehabilitation of the evictees of the Kochi International Airport, as per Section 4(1) notification dated 20.7.1995, issued under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The property was taken possession on 19.2.1996. As per Award No.795/97 dated 14.10.1997, the Land Acquisition Officer awarded land value at the rate of Rs.2,125/- per Are along with other statutory benefits. The claimant received compensation under protest. Based on the application made by the claimant the matter was referred under Section 18 of the Act, and the same was numbered as L.A.R.No.597 of 1998 on the file of the Additional Sub Court, North Paravur.

(3.) Before the Reference Court, the claimant filed statement contending that the entire land acquired was dry land at the time of acquisition and therefore the categorisation made by the Land Acquisition Officer as 'double crop wet land interior (reclaimed)' is incorrect. The claimant contended that, the land is situated in an important locality and considering its potentiality, it would have fetched at least Rs.25,000/- per cent, at the time of acquisition. Apart from that, the well and other improvements in the property were not properly valued by the Land Acquisition Officer.