DR. LAKSHMY SARASWATHY Vs. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the 3rd claimant in LAR No.388 of 2007 seeking enhanced compensation for the land involved in the acquisition pursuant to a notification under section 4(1) of the Land Acquisition Act, 1894 published on 5.8.2004.

(2.) The Land Acquisition Officer fixed land value at the rate of Rs. 3,14,251/- per Are for 1.45 Ares. The claimant having objected to the said award, the matter was referred to the Sub Court under Section 18 of the LA Act. The Reference Court by the impugned award refixed the land value at Rs. 14 lakhs per Are.

(3.) Dissatisfied with the aforesaid award, this appeal has been filed specifically raising two grounds. The claimant had title and possession in respect of 6.07 Ares of property in Sy.No.2939 of Vanchiyoor Village. The LAO subdivided the property into three sub divisions. There was a commercial building in the property and in front of the ground floor of commercial shop rooms, there was a parking area having an extent of 0.15 Ares. The width of the property was 1.5 metre. The contention is that LAO failed to grant any award for the said 0.15 Ares. Compensation was awarded only for 1.45 Ares. The second contention is that the market value of the property will come to Rs. 25 lakhs per cent and evidence relied upon by the claimant had not been properly considered. In the appeal, the claim has been limited to Rs. 21,60,000/- per Are.