KEMEMA LISBETH MATHEW D/O. LATE JACOB MATHEW AND OTHERS Vs. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR KOTTAYAM

JUDGEMENT

(1.) This appeal is filed against the judgment in L.A.R.No.85/2009 passed by the Principal Sub Judge, Kottayam.

(2.) An extent of 16.93 Ares of land has been acquired pursuant to a notification under section 4(1) of the Land Acquisition Act, 1894 published on 11.07.2005. An award was passed on 18.1.2008 by which the land acquisition officer awarded land value at Rs. 4,600/- per annum. Possession was taken on 18.04.2008. The claimant later contended that the award was passed without notice. Writ petition came to be filed before this court and this court permitted the claimants to object to the award. The claimants having objected to the award, the matter was referred to the Sub Court, Kottayam under section 18 of the Land Acquisition Act.

(3.) Before the Sub Court, the claimant relied on Exts.A1 to A3 documents. One of the claimants was examined as AW1 and the Advocate Commissioner was examined as AW2. Ext.C1 is the Commissioner report, which has been marked in this case. The respondent did not adduce any evidence. The land acquisition officer having found that Exts.A1 to A3 documents cannot be relied upon, granted an enhancement of 20% of the value granted by the land acquisition officer and fixed the land value at Rs. 5,520/- per Are.