SMT.ALPHONSA JOY @ ALICE @ ALPHONSA GLORIS Vs. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVT., GOVERNMENT SECRETARIAT, TRIVANDRUM

JUDGEMENT

(1.) This appeal is filed against the judgment in LAR No.42/14. The short facts involved would show that an extent of 0.12 ares of land comprised in Sy.No.1446/2.pt of Ernakulam Village, Kanayannur Taluk was acquired for widening of South Railway station approach road for the purpose of Kochi Metro Rail. Rs. 12,17,897/- was awarded as per Award No.9/2014 dated 4/2/2014. Since the claimant could not produce documents to prove title, the amount was deposited before the Court and the matter was referred under section 31(2) of the Land Acquisition Act, 1894.

(2.) The claimant appeared and produced documents to prove her title over the property. The Reference Court found that in respect of the title deeds, the survey number shown is 1450/5 whereas the property for which the claim has been made by the claimant is in Sy.No.1446/2.pt. Accordingly, claim was rejected.

(3.) Learned counsel for the appellant submits that the claimant was having title and possession in respect of 15.880 cents of land and she constructed a multi storied building in the property and running a lodging business. The property including the aforesaid 0.12 ares has been in her possession for more than 20 years, which was considered as part and parcel of her property and therefore, she is entitled for compensation. It is also indicated that the boundary description in the sale deeds will clearly show that the acquired property is part of the property comprised and conveyed under the sale deeds though the particular survey number is not shown.