MANAGING DIRECTOR Vs. NANIAMMA LAKSHMIKKUTYAMMA

JUDGEMENT

(1.) These appeals arise out of the common judgment dated 30-6-2006 in L.A.R. Nos. 28 of 2001, 29 of 2001, 30 of 2001 and 45 of 2001. L.A.R. Nos. 29, 30 and 45 of 2001 were originally disposed of on 31-10-2002. The requisitioning authority filed Writ Petition No. 23763 of 2003 challenging the judgment on the ground that the requisitioning authority was not made a party to the proceedings. Writ Petition No. 23763 of 2003 was allowed on 5-11-2003 and the cases were remanded. After remand, the Reference Court disposed of those three reference cases by a common judgment dated 13-1-2004. The requisitioning authority challenged the same in L.A.A. No. 725 of 2004, which was disposed of on 14-2-2005 and the cases were remanded to the Reference Court. L.A.R. No. 28 of 2001 was disposed of by the judgment dated 14-1-2001. The requisitioning authority was not a party to the proceedings. W.P.(C) No. 25244 of 2003 was filed by the requisitioning authority challenging the judgment in L.A.R. No. 28 of 2001. The Writ Petition was allowed and the requisitioning authority was directed to be impleaded in the proceedings. Thereafter, all the aforesaid four reference cases were tried together by the Reference Court and a common judgment dated 30-6-2006 was passed, which is under challenge in these Land Acquisition Appeals.

(2.) In all these cases, notification under Section 4(1) was issued on 24-1 -1997 and award was passed on 16-9-2000. The Land Acquisition Officer awarded land value at the rate of Rs. 7,876 per Are. The extent of lands acquired in L.A.R. Nos. 28,29,30 and 45 of 2001 are respectively 5.26 Ares, 4.05 Ares, 1.21 Ares and 4.05 Ares. Before the Reference Court, the claimants in L.A.R. Nos. 29, 30 and 45 of 2001 claimed land value at the rate of Rs. 30,000 percent, while the claimant in L.A.R. No. 28 of 2001 claimed land value at Rs. 25,000 percent. The Reference Court enhanced the land value at Rs. 7,000 per cent (Rs. 17,297 per Are).

(3.) Before the Reference Court, on behalf of the claimants, A.Ws. 1 and 2 were examined and Ext. A-1 was marked. R.W. 1 was examined on the side of the Respondents in the Land Acquisition References and Exts. R-1 to R-7 were marked. A Commissioner was appointed by the Reference Court who submitted Ext. X-1 report and Ext. X-1 (a) sketch. The Land Acquisition Officer fixed the land value at Rs. 7,876 per Are, on the basis of Ext. R-5 sale deed dated 9-5-1995 where under an extent of 62 cents of land was sold for a consideration of Rs. 1,79,800. The claimants, on the other hand, relied on Ext. A-1 assignment deed dated 23-12-1997, executed by A.W. 2 Cicily Chacko in favour of St. Thomas Hospital, Pallippuram. An extent of 10.75 cents of land was sold for a consideration of Rs. 2,68,750 as per Ext. A-1. The land value under Ext. A-1 is Rs. 27,000 percent.