STATE OF KERALA Vs. BHASI NAIR

JUDGEMENT

(1.) The State of Kerala is the appellant. This appeal is directed against the judgment and decree passed by the Sub Court, Mavelikkara in L.A.R.No.155 of 1999. The acquisition is for the construction of Womens' Poly Technic, Kaymakulam. Section 4(1) notification was published on 17.9.1998. The extent of land acquired is 2.03.67 hectares comprised in different survey numbers in Kayamkulam Village in Kathigappally Taluk.

(2.) Before the reference court, the first claimant and another witness were examined as Aws. 1 and 2 respectively and Exts.A1 to A2 were marked. RW.1 was examined on the side of the respondent and Ext.B1 was marked. Mahazar and report filed by the Commissioner was marked as Ext.C1. The Land Acquisition Officer fixed land value at the rate of Rs. 86,485/- per Are as against a claim of Rs. 2,00,000/- per cent. The claimant gave evidence stating that the acquired land is situated in the heart of Kayamkulam town in Kayamkulam Municipality, adjacent to NH 47 and opposite to K.S.R.T.C bus station, that the distance between the acquired land and the K.S.R.T.C bus station is 50 metres and that many public institutions such as schools, colleges, L.I.C. Office, Head Post Office, Fire Station, Court Complex, hospitals and other commercial and industrial establishments are situated within a radius of 250 metres of the acquired land. The respondent contended before the court below that the Land Acquisition Officer considered the importance and potentiality of the acquired land and that the fixation of land value by him is reasonable and adequate and, therefore, the claimants are not entitled to get any additional land value.

(3.) The reference court after appreciating the evidence of Aws. 1 and 2 and Ext.A2 location sketch found that the acquired land is situated about 250 metres north of K.S.R.T.C bus station, Kayamkulam and on the immediate western side of NH 47 at a lower level of 5 metres and, therefore, held that the property is having commercial importance and that the land value fixed by the Land Acquisition Officer is inadequate. The court below hence refixed the land value at the rate of Rs.1,48,070/- per Are. Rs. 61, 585/- per Are was awarded as addional lad value.