SANTHOSH WILSON, TC 2/3240, KULANGARA LANE,, PATTOM, THIRUVANANTHAPURAM Vs. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This appeal is filed by the appellant/claimant dissatisfied by the award passed by the Reference Court in L.A.R.No.79/05.

(2.) An extent of 1.14 Ares of land was acquired on the basis of Section 4(1) notification under the Land Acquisition Act, 1894 published on 28/04/1999. The Land Acquisition Officer awarded an amount of Rs. 3,18,416/- per Are as compensation. The claimant objected to the above award and the matter was referred to the Sub Court. The Sub Court fixed the land value at Rs. 4,71,892.51/- per Are. The claimant had also sought for additional value of structures on the ground that the valuation of the building was not properly carried out by the Land Acquisition Officer. However, in the absence of any evidence to prove the entitlement of additional value of structures, the said claim had been rejected by the Reference Court. Though, in the appeal, the appellant sought for value of property at the rate of Rs. 8,00,000/- per cent, during the course of hearing, an application was filed as I.A.No.585/2017 seeking the amendment of the valuation of the appeal. The appellant initially had paid only ? .. "rd of the court fee for the entire claim. The appellant now limits the claim for an amount of Rs. 3,30,000/-. The application is allowed by a separate order.

(3.) The main contention urged by the learned counsel for the appellant is based on the judgment in L.A.R.No.253/2003 and 254/2003. It is stated that, it was a case of acquisition of the very same stretch though the notification was published on 15/02/1999. The Reference Court had rejected the said document only on the ground that the date of notification is different. The learned counsel for the appellant submits that the property is situated in between Kesavadasapuram and Pattom and by the side of the Life Insurance Corporation building. It is the same potentiality of the land throughout the entire stretch as the acquisition was for the widening of the road. It is further submitted that, with reference to the very same notification under Section 4(1) dated 28/04/1999, a Division Bench of this Court had decided the matter in L.A.A.No.1316/2007 and connected matters wherein this Court had observed that the property lying in between Kesavadasapuram and Pattom are having substantial potentiality on account of the fact that it is near to Thiruvananthapuram city and therefore this Court rejected the appeals filed by the State while confirming the land value at Rs. 6,10,493/- per Are.