STATE OF KERALA Vs. B HAWA UMMAL

JUDGEMENT

(1.) In a reference under Section 18 of the Land Acquisition Act made by the District Collector, Thiruvananthapuram, the Land Acquisition Court, Thiruvananthapuram was obliged to consider the demand put in for enhancement of compensation in respect of lands acquired from the claimants. By order dated 14-03-2000 in L.A.R.No.101/94, the Court had granted enhancement, classifying the type of land acquired as "A" and "C". Aggrieved by the order as above, State has filed the present appeal.

(2.) The total extent of land was 48.56 Ares situated in Pettah Village, which was acquired for the purpose of Thiruvananthapuram Air Port. Section 4(1) notification was issued on 30-03-1991 and land had been taken possession of on 29-06-1993. The land value had been fixed by the Land Acquisition Officer at Rs.44,926/- per Are in respect of "A" class properties and Rs.36,390/- in respect of "C" class properties. In respect of improvements made, appropriately the claimants had been compensated. Both in the matter of value fixed for the acquired land as well as cost of improvements, there were disputes, which were to be adjudicated.

(3.) The claimants had attempted to substantiate their contentions with reference to three sale deeds, namely Ext.A1 dated 04-04-1991, Ext.A2 dated 25-02-1991 and Ext.A3 of 10-12-1993. The court below had found that the executants had not been examined in respect of Exts.A1 and A2 and therefore it could not have been possible to be accepted as guidance. We also think it may be appropriate to leave the decision at that, since the alienation were in respect of very small parcels of land and it could not have been acceptable while fixing the value of the land. Ext.A3 was a subsequent document, which came into existence after about three years and it was accepted as a basis. Plea of the State is that this could not have been considered by the Land Acquisition Court as a safe yardstick while fixing the land value.