THARUKUTTY, S/O.KOORAN VARKEY Vs. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA), NEDUMBASSERY, ANGAMALY AND OTHER

JUDGEMENT

(1.) This appeal is filed against judgment dated 30.9.2004 in LAR No.239 of 1997 of the Principal Sub Court, North Paravur. An extent of 41.75 Ares of land belonging to the claimant was acquired for construction of Kochi International Airport. A notification under section 4(1) of the Land Acquisition Act, 1894 was published on 24.12.1993. The Land Acquisition Officer awarded land value at Rs. 1,482/- per Are. The claimant having objected to the Award, the matter was referred under section 18 of the LA Act.

(2.) Before the Reference Court, claimant examined five witnesses as AW1 to AW5 and relied upon Exts.A1 to A12. On behalf of the respondents, RW1 was examined and they relied upon Exts.R1 to R8. The Reference Court after considering the materials placed on record, refixed the land value on the basis of the judgment in LAA No.1150/2002 and granted enhanced compensation at 45% more than the amount already awarded. Accordingly, enhanced land value was fixed at Rs. 667 per Are over and above the amount already awarded.

(3.) Before this Court, it is contended that the Court below ought to have relied upon the value of property covered by Ext.A2 or should have relied upon Ext.A12 judgment. The land value claimed is at the rate of Rs. 7,413/- per Are. It is contended that the property involved in the acquisition is garden land whereas the Land Acquisition Officer has classified the land as double crop paddy land. Claimant contends that the property was remaining as garden land for the last 20 years. On its northern side, claimant's father had started a unit for manufacturing wire cut bricks in the year 1990. He had also used the acquired land for the very same purpose after cutting down valuable trees. He had obtained SSI registration from the Industries Department of Kerala and licence from Nedumbasserry Panchayat for conducting the said business. It is further contended that the acquired property is situated by the side of Panchayat road and PWD road runs about 100 metres away from the acquired property.