MOHD SHERIFF Vs. STATE

JUDGEMENT

(1.) This is an appeal by the claimants in a land acquisition reference under S.20 of the Kerala Land Acquisition Act for enhancement of compensation for their land acquired by the Government. Pending appeal the Land Acquisition Amendment Act, 1984 (Act 68 of 1984) amending the Land Acquisition Act of 1894 came into force on 24th Sept, 1984. The appellants therefore claim also the benefits of the amendments relating to the enhancement of solatium and interest payable on the compensation to be awarded to them.

(2.) An extent of 1.43 acres of land in Sy. Nos.43/31A, 43/33A and 44/5A of Changanacherry village was acquired by the Government for the establishment of a Fire Station and residential quarters for the staff attached to the Fire Station. The preliminary notification under S.3(1) of the Kerala Land Acquisition Act was published in the Gazette dated 25-12-1973, the declaration under S.6 of the Act was published in the Gazette dated 1-10-1974 and an award was passed by the Land Acquisition Officer on 24-1-1976. The land acquired was taken possession from the claimants on 10-2-1976. The land acquisition officer awarded land value at the rate of Rs.805/- per cent for the 88 cents of land in Sy. No.44/5A and at Rs.7OO/- per cent for the remaining extent of land acquired from Sy. Nos.43/31A and 43/33A as against the appellants claim for compensation at the rate of Rs.5000/- per cent. On reference under S. 20 of the Act the Court below has awarded compensation at the rate of Rs. 2600/- per cent for the entire 1.45 acres of land acquired. In this appeal the claimants restrict their claim for compensation at the rate of Rs. 4000/- per cent.

(3.) The land acquired is in an important locality in Changanacherry town is clear from the award itself which states : "The lands under acquisition in survey number 44/5A (37.63 acres) Sy. No. 43/31A (05.26 acres) and survey number 43/33A (21.04 acres) are situated near the Post Office and Municipal Office, Changanacherry, and the M. C. Road, the distance to the site from the M. C. Road through the T. B. road being 200 yards. The northern boundary of the site abuts the T. B. road. There are lanes on the eastern and western boundaries of the site. The southern boundary of the site abuts a poramboke pathway which is not, however, being used by the public now. The Taluk Office, Sub-Registrar's Office and English High School Sadium and Hospital are also near the site. The lands are thus situated in a most important locality of Changanacherry town. Proximity to the Public Offices adds to the importance of the lands." The acquired land is 150 metres from Changanacherry junction and 50 metres from the M. C. Road. The Special Surveyor, Land Acquisition examined as D.W. 1 on behalf of the State has deposed that the land acquired is adjacent to the Municipal Shopping Centre on the side of the M. C. Road. The Commissioner's report Ext. C1 also shows that the Municipal Shopping Centre is situated in between the M. C. Road and the acquired land. The acquired land has road frontage on its north, west and eastern sides. The road on the north is an important road in the town, namely, the T. B. Road. From these materials available in the case it is clear that the acquired land is in a very important locality in the Changanacherry town.