KUNJELIYAMMA KURYAN AND ANOTHER Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the judgment delivered by the Court of the Second Additional Subordinate Judge of Thiruvananthapuram on 19/11/2014 in LAR No. 166 of 2011. The brief facts of the case are as follows:

(2.) A parcel of land, 0.60 Ares in extent, belonging to the appellants and situate in Sy. No. 228/3-2 (LA Sy. No. 226) of Pattom Village, Thiruvananthapuram Taluk, Thiruvananthapuram District, was acquired for the purpose of widening the Pattom - Medical College - Ulloor - Kochulloor Road, pursuant to a notification dated 12/11/2008 issued under S.4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short). By award passed on 17/01/2011, the Land Acquisition Officer awarded land value at the rate of Rs.3,29,640.00 per Are. Dissatisfied with the land value awarded by the reference Court, the land owners received the compensation awarded by him under protest and sought a reference of the dispute regarding land value to the competent Civil Court. A reference was accordingly made to the Court of the Subordinate Judge of Thiruvananthapuram, where it was taken on file and numbered as LAR No. 166 of 2011. It was later made over to the Court of the Second Additional Subordinate Judge of Thiruvananthapuram.

(3.) Before the reference Court, the land owners contended that as the acquired land is situate adjacent to Medical College Hospital, Thiruvananthapuram and it lies 100 metres away from Medical College junction and in the vicinity of and adjacent thereto are situate important institutions like Sree Chithira Institute of Medical Sciences, Regional Cancer Centre, Dental College, etc., they are entitled to land value at the rate of Rs.50,00,000.00 per cent. Before the reference Court, the land owners also produced and relied on Ext. A1 judgment in LAR No. 989 of 2009. The respondents resisted the claim for enhancement of compensation and contended that just and fair compensation has been awarded.