STATE OF KERALA Vs. ZACHARIA, VARAMPATHU VEEDU

JUDGEMENT

(1.) These Land Acquisition appeals are filed by the State challenging the common judgment dated 24.8.2001 in L.A.R. No. 1/96 and connected cases. There were 10 Land Acquisition Reference cases. Notification under Section 4(1) was issued in some cases on 23.11.1995, in respect of some other cases on 22.1.1993 and in respect of the rest, on 23.7.1992.

(2.) The land was acquired for establishing a Municipal bus stand at Punalur. Before the Land Acquisition Court, AWs.1 to 7 were examined and there was no evidence on the part of the State or the requisitioning authority. The requisitioning authority was not a party before the Reference Court. Relying on the evidence of AWs.1 to 7 and the documentary evidence produced before the court, the court below held that the value in respect of the basis land cannot be taken as the criterion for fixing the land value. Though certain documents produced before the reference court were after the notification issued in most of the cases, the reference court took note of the upward trend in land value in the years 1994 and 1995. In Ext.A7, which is a document before Section 4(1) notification, the land value was Rs. 3,200/- per cent. The Land Acquisition Officer did not grant land value even at that rate.

(3.) It has come out in evidence that the acquired land, except some plots in some of the reference cases, is on the side of the Kollam-Chenkotta road. It has also come out in evidence that in between a portion of the acquired land and Kollam- Chenkotta road, shop buildings are there. The evidence disclosed that the acquired land is in Punalur town itself. As per certain documents produced by the claimants, in respect of the property situated away from the Punalur town, much higher land value is shown. Therefore, as rightly held by the Reference Court, the land value awarded by the Land Acquisition Officer is too low.