GEORGE POTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise out of the judgment and decree dtd. 19/6/2019 in L.A.R No.73/2002 on the files of Sub Court, Sulthan Bathery. Both the 3rdclaimant as well as the State have come up in appeal.

(2.) The brief facts necessary for the disposal of the appeals are as follows:

(3.) Aggrieved by the award passed by the land acquisition officer, the claimants preferred an application under Sec. 18 of the erstwhile Land Acquisition Act, 1894 stating that the land acquisition officer ought to have adopted a comparative sales method. In support of his claim, Exts.A1 to A5 documents were produced and CW1 to CW4 were examined. The respondent/State, on the other hand, produced Exts.R1 to R14 documents and examined RW1 in support of their claim. The claimants also sought compensation under the head severance and injurious affection for the remaining 67.48 Acres of land in possession since a check dam, which was constructed inside the 50 Acres of land acquired, was also taken over in the acquisition proceedings.