STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM AND OTHER Vs. M.M. JOHN C/O. ANTONY, MEELUTTU VEEDU, PANANVILA NALANCHIRA P.O., THIRUVANANTHAPURAM

JUDGEMENT

(1.) This appeal is filed by the State challenging judgment dated 15.07.2013 in LAR No.816/2009. An extent of 0.50 Ares of land and the structures thereon was acquired by the Government pursuant to notification issued under section 4(1) of the Land Acquisition Act, 1894 published on 31.01.2005. The Land Acquisition Officer awarded land value at Rs. 2,69,906/- per Are. The claimant objected to the award and accordingly, the matter was referred to the Sub Court under section 18 of the Land Acquisition Act.

(2.) Before the Sub Court, the above case was considered along with a batch of land acquisition reference cases and the land value was refixed at Rs. 21,60,000/- per Are. The Land Acquisition Officer had awarded an amount of Rs. 51,943/- as value of the structures and Rs. 1,025/- as value of trees. The claimant took out a commission seeking enhancement for value of structures. Ext.C1 is the Commission report and Ext.C1(a) is the Valuation statement of the demolished building prepared by an Expert Engineer. In Ext.C1(a), cost of construction of a new car porch is estimated at Rs. 1,44,000/-. The court below did not grant any enhancement towards value of structures. The Commissioner or the Expert Engineer was not examined and therefore it was held that no enhancement could be allowed in regard to the value of structures.

(3.) As far as the land value is concerned, in a batch of Land Acquisition Appeals with reference to the very same notification and similarly situated lands, this Court had refixed the land value at Rs. 9,84,700/- per Are. The judgment was delivered in R.P.No.1124 of 2016 in L.A.A.No. 637 of 2013 and connected cases.