P.K. VENUGOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Land Acquisition Appeal is filed by the claimant in L.A.R. No. 9/1995 against the judgment and decree dated 30 -10 -1999 on the file of the Sub Court, Manjeri. The property belonging to the claimant was acquired for construction of Low Level Reservoir and Pipe -line Road for UWSS, Manjeri. The Section 4(1) notification is dated 27 -7 -1992. The Land Acquisition Officer awarded Rs. 5,664/ - per cent as against the claim of Rs. 60,000/ - per cent. The extent acquired is 21.75 cents in survey number RS 211/4 of Narukara Village. The appellant -claimant examined AW1 to AW4 and produced Exts.A1 to A4 in support of his claim for enhanced compensation. The property covered by Exts. A1 to A3 are located very close to the Central Junction, Manjeri and having high potential value and commercial importance. According to Ext. C1 report submitted by the Commissioner, the acquired land is lying at a distance of 2 Kms. away from the Manjeri Central Junction and is located facing the Manjeri -Nilambur Road. Exts. A1 to A3 sale documents were not relied on by the reference court for valid reasons.

(2.) THE appellant -claimant has produced the common judgment in L.A.R. Nos. 15/1997 and 16/1997 before this Court. The lands covered by the above said L.A.Rs are acquired for the construction of the Pipeline Road at Cherani. The survey number of the acquired lands covered by the above said L.A.Rs is RS 214/3 of Narukara Village. In L.A.R. Nos. 15 and 16 of 1997 the Land Acquisition Officer granted Rs. 4,000/ - and Rs. 3,473/ - per cent respectively. This was enhanced to Rs. 9818/ - by the reference court by judgment dated 29 -6 -2002. In L.A.R. No. 9/1995, which is the subject matter of this appeal, the Land Acquisition Officer granted an amount of Rs. 5664/ - per cent, which is a higher value than the value fixed for the land in L.A.R. Nos. 15 and 16 of 1997. At the same time in L.A.R. No. 9/1995 the Sub Court enhanced the land value and fixed it only at Rs. 6500/ -, whereas in the connected L.A.Rs the land value was fixed at Rs. 9818/ - per cent. Considering the comparable nature of the property we are of the view that the acquired land is more valuable than the lands covered by L.A.R. Nos. 15 and 16 of 1997, taking into account the valuation made by the Land Acquisition Officer in all these cases. Hence, in the facts and circumstances of the case, we fix the value of the acquired land in L.A.R. No. 9/1995 at the rate of Rs. 9818/ - per cent in parity with the value fixed in L.A.R. Nos. 15 and 16 of 1997.