STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, IDUKKI AND OTHER Vs. J.K. THOMAS MANAGING DIRECTOR, MALANKARA RUBBER PRODUCES COMPANY, MUTTOM, THODUPUZHA

JUDGEMENT

(1.) An extent of 18 Ares of land comprised in Sy.No.6/4 of Muttom Village of Thodupuzha Taluk was acquired pursuant to the notification under section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') published on 23.1.1998. The Land Acquisition Officer awarded land value at the rate of Rs. 11,400/- per Are based on Exhibit R4 document No.3279/95. The claimant having objected to the award, the matter was referred to the Sub Court under Section 18 of the Act. Before the Sub Court, the claimant relied upon Exhibits A1 to A9 documents to prove the market value of the land. The Sub Court having rejected Exhibits A1 to A8, placed reliance upon Exhibit A9 judgment in LAR.No.36 of 2003 and fixed the land value at Rs. 18,000/- per cent.

(2.) The learned Government Pleader while impugning the aforesaid judgment submitted that there is no comparison between the land acquired in LAR.No.36 of 2003 and the land involved in the present acquisition and therefore, the court below was not justified in enhancing the land value based on Exhibit A9. A cross objection has been filed by the respondent/claimant seeking enhanced compensation over and above what has been awarded by the Sub Court.

(3.) The learned counsel appearing for the respondent/cross objector submits that the court below was justified in placing reliance on Exhibit A9. Though it could be stated that the property covered by Exhibit A9 was by the side of the Highway, the property acquired in the present case is by the side of PWD road and there is no justification on the part of the Sub Court to have relied upon Exhibit A9 document. Further, as against Exhibit A9 judgment, the claimant preferred an appeal and the value of property has been enhanced by a further amount of Rs. 2,000/- per cent as per the judgment in LAA. No.372 of 2011.