STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR Vs. RADHAMONY PAVITHRAN W/O. PAVITHRAN RESIDING AT PLAKKATTIL HOUSE

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment dated 09.11.2010 in L.A.R.No.73 of 2009 of the Sub Court Pala.

(2.) An extent of 0.25 Ares has been acquired pursuant to notification under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the LA Act') published on 28/06/2006. A portion of the building belonging to the claimant also came under acquisition. The Land Acquisition Officer awarded land value at the rate of Rs. 47,135/- per Are and granted Rs. 44,970/- as the value of structures. The Reference Court enhanced land value at Rs. 1,20,000/- per Are, based on an earlier judgment in L.A.R.No.72/2009 of the same Court with reference to the same notification. In respect of the value of structures, the Reference Court enhanced the value of structures to Rs. 1,46,591/- based on the report of an Engineer who had inspected the property.

(3.) While impugning the aforesaid judgment, the learned Government Pleader submits that the judgment in L.A.R.No.72/2009 was modified by this Court as per the judgment dated 31.07.2012 in L.A.A.No.429/2010 and the land value had been refixed at Rs. 98,840/- per Are. There is no dispute about the fact that the land involved in the present acquisition is similar in nature with the land acquired in terms of L.A.R.No.72/2009. Therefore, when this Court already refixed the land value at Rs. 98,840/- per Are, the land value in the present case is also to be refixed at the same rate.