STATE OF KERALA Vs. RADHAMMA K.

JUDGEMENT

(1.) It is true that the judgment in a Land Acquisition Appeal relied on in subsequent appeals has been set aside by the Supreme Court in further appeal. Does it enable the parties to freely apply for review of the subsequent judgments without filing appropriate appeals therefrom FACTS

(2.) An extent of 0.85 Ares of land in R.S.Nos.688/38 & 39 of Nemom Village belonging to the respondent was acquired for the purpose of improvement of a road under the Land Acquisition Act, 1894. The respondent objected to the adequacy of compensation whereupon there was reference under Section 18 of the Land Acquisition Act, 1894. The Court of the II Additional Subordinate Judge of Thiruvananthapuram in L.A.R. No. 382/2007 enhanced the compensation fixing the land value at Rs. 3,00,000/- per cent. The State of Kerala and the Executive Engineer of the Public Works Department filed an appeal therefrom as L.A.A. No. 400/2011 on the file of this Court. The appeal was allowed refixing the land value at Rs. 2,00,000/- per Are following L.A.A. No. 286/2011 in respect of a land similarly situate and covered by the same notification.

(3.) It appears that the State had challenged the judgment in L.A.A. No. 286/2011 in appeal before the Supreme Court in S.L.P.(c). No. 491/2012 to further scale down the compensation refixed. The Supreme Court granted leave and eventually by judgment in Civil Appeal No.4332/2012 set aside the judgment in L.A.A. No. 286/2011 of this Court. The matter was remitted to the reference court whose revised award happened to be set aside by this Court by the judgment in L.A.A. No. 590/2013 and connected cases filed by the appellants.