STATE OF KERALA Vs. JOY, S/O CHACKO

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment dated 29.06.2013 in L.A.R.No.64/2012 of the Sub Court, Kottayam. An extent of 12.30 Ares of land in Survey No.200/2-1 of Mulakkulam Village, Vaikom Taluk was acquired for Muvattupuzha Valley Irrigation Project. The Land Acquisition Officer awarded land value at Rs. 19,753/- per Are along with the value of improvements. The claimant, having objected to the award, the matter was referred to the Sub Court under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the LA Act'). The Sub Court, refixed the land value at Rs. 37,037/- per Are. The Reference Court also fixed the value of improvements at Rs. 50,000/- including the value of kayyala. A further amount of Rs. 1,00,000/- was awarded as severance on account of injurious affection.

(2.) While impugning the aforesaid judgment, the learned Government Pleader submits that the Land Acquisition Officer had placed reliance upon Ext.R1 document No.3205/2008 dated 14.11.2008 and taking into account the nature of property involved in the acquisition, the land value was fixed after deducting 20% from the value involved in Ext.R1 document.

(3.) The claimant placed reliance upon Ext.A1, an earlier judgment in L.A.R.No.76/2011 which was rejected by the Court below as the property was not comparable with the land under acquisition. The Court below, having found that the deduction of 20% was not proper, awarded a further compensation of 50% more than the value covered by Ext.R1 document.