STATE OF KERALA Vs. THOMAS AND ORS.

JUDGEMENT

(1.) These Land Acquisition Appeals arise out of a Section 4(1) notification dated 18.7.2009 published under the Land Acquisition Act, 1894 for the doubling work of Chengannur-Chingavanam Railway track. Since identical issues are raised in these appeals and common arguments were advanced, we propose to dispose of these appeals by a common judgment.

(2.) 1. L.A.A.No.18/2015:- This appeal arises out of the judgment and decree dated 30.9.2014 of the Sub Court, Thiruvalla in L.A.R.No.86/2012. An extent of 1.20 Ares of dry land in Sy.No.789/19 of Kuttappuzha Village in Thiruvalla Taluk was acquired based on Section 4(1) notification published on 18.7.09. The Land Acquisition Officer awarded land value at 1,05,364/- per Are. The Reference Court based on Ext.A1 sale deed No.291/09 of SRO, Thiruvalla dated 30.1.2009 refixed the land value at 4,00,000/- per Are. Against the refixation of land value, the State is in appeal contending that the re-fixation so made is without any evidence and is highly excessive and exorbitant.

(3.) Heard arguments of the learned Senior Government Pleader appearing for the appellant/State, the learned counsel appearing for the claimants in the respective appeals and also the learned Standing Counsel for Southern Railway.