KANDUNNY Vs. SPL TAHSILDAR L A CHITTUR

JUDGEMENT

(1.) These are appeals under S.54 of the Kerala Land Acquisition Act, 1962 against the awards passed by the Subordinate Judge of Palghat in L.A.R. Nos. 86 and 87 of 1982. The claimants are the appellants. An extent of O.2605 hectares from S.Nos. 413/16 and 414/8 part was acquired from the claimant in L.A.R. No. 86 of 1982 and an extent of 0.0960 hectares in Sy. No. 416/33 from the claimant in L.A.R. No. 87 of 1982 for the purpose of formation of the field boothie from Chain 809 M. of Koduvayur Branch canal. The notification under S.3(1) of the Act had been published in the Kerala Gazette dated 2-2-1982 and the award was passed on 30-9-1982. However, possession of the land had been taken in advance as early as on 24-9-1978. The acquired properties are admittedly dry lands (house sites). The Land Acquisition Officer awarded compensation at the rate of Rs. 15,000/-per acre or Rs. 37,050 per hectare. The respective claimants were therefore, awarded Rs. 9,651-53 and Rs. 3,556-80 as land value as also solatium at 15 percent and interest at 4 per cent from 24-9-1978.

(2.) On reference under S.20 of the Act claiming land value at Rs. 1,000/- percent, the court enhanced the compensation awarded to Rs. 450/- per cent. In these appeals the claimants pray for award of land value at Rs. 750/- percent.

(3.) In support of their claim, the claimants had examined themselves as A. Ws. 1 and 3 as also A.W. 2 the vendor of the document produced by them and marked as Ext.A1. The said document was a deed of sale of a property on 24-5-1979 having an extent of eleven cents for a price of Rs. 12,000/- working out to an average of about Rs. 1,100/- per cent. The claimants also took out a commission to report about the market value of the properties acquired. The Commissioner, an advocate, inspected the acquired properties as also Ext.A1 property and reported under Ext.C1 that acquired properties will have a market value of Rs. 750/- per cent at the time of the acquisition. The Commissioner was also examined as C.W.1.