YAMUNA Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) Whether the claimant is entitled to claim compensation more than what is claimed before the Land Acquisition Officer in the Reference, is the question to be decided in this case. The appeal is at the instance of the claimants in L.A.R.437/99 on the file of the Sub Court, Kozhikode. The acquisition is for the purpose of Calicut Bypass. Section 4(1) notification was issued on 26.4.1991. The appellants filed a statement before the Land Acquisition Officer claiming Rs.20,000/- per cent. An award was passed on 13.9.1993. The Land Acquisition Officer awarded land value at the rate of Rs.4,115/- per cent. The extent of property involved is 20 cents. Before the Reference Court, claim was made for Rs.35,000/- per cent. However, the Reference Court, taking note of the fact that the claim before the Land Acquisition Officer was only for Rs.20,000/- per cent, fixed the market value at the rate of Rs.12,000/- per cent. There was also a claim with regard to the building. The Reference Court refused to grant any value for the building since there was no evidence in that regard. The appeal is filed dissatisfied with the judgment and decree. The claim for the purpose of court fee is for fixation of market value at the rate of Rs.32,000/- per cent, i.e., at the rate of Rs.20,000/- per cent more, on the value already fixed by the Reference Court.

(2.) The claimants placed reliance on Ext.A1 judgment in LAR 479/97. However, the Reference Court refused to follow the same on the ground that an appeal was pending as L.A.A.774/06. This Court has in the meanwhile disposed of the appeal fixing the land value at the rate of Rs.60,000/- per cent.

(3.) In order to address the question as to whether a claimant is entitled to claim compensation before the Reference Court more than what he claimed before the Land Acquisition Officer, it is necessary to refer to the Land Acquisition Act 1894, prior to its amendment in 1984. Dealing with the amount of compensation to be awarded by the court, the unamended Act provided as follows, in Section 25 :-