R. DHANAPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The claimant is the appellant. The land belonging to the claimant was acquired as per Sec. 4(1) Notification dtd. 30/01/2008 under Land Acquisition Act, 1894 for widening of road. According to the Land Acquisition Officer, only 0.11 ares was acquired from the claimant. According to the claimant 0.30 ares was acquired from him. The Land Acquisition Officer passed Award granting compensation for 0.11 ares and the building therein fixing land value @ Rs.4,75,248.00 per Are building value at Rs.58,177.00.

(2.) The claimant sought reference under Sec. 18 with respect to the extent of land and the compensation. The Reference Court awarded compensation fixing land L.A.Appeal No.51 OF 2016 value @ Rs.25,30,000.00 per Are, relying on Ext.A1 judgment of the same Court in L.A.R. No.200/2009. The Reference Court found that there is no evidence to hold that 0.30 Ares was acquired from the claimant. Thus the claim of the claimant for compensation for 0.19 Ares of land was denied. Though the claimant produced Ext.A2 Commission Report which includes the Valuation of the building and examined AW2/Engineer who prepared the Valuation Report, the Reference Court refused to rely on the same and did not award any additional compensation for the building value. As per Ext.A2, the value of the building is assessed at Rs.16,02,600.00 by AW2.

(3.) The appeal is filed against refusal to grant L.A.Appeal No.51 OF 2016 compensation for 0.19 Ares and enhancement for the building value.