STATE OF KERALA Vs. REVATHY BAI

JUDGEMENT

(1.) These appeals arise from the common Judgment dated 26/02/2008 passed by the Sub Court, Attingal in LAR No.20/2004 and LAR No. 20/2006 whereby compensation awarded by the Land Acquisition Officer (LAO) was enhanced. The appellants herein were respondents/State of Kerala whereas the respondents herein were the claimants.

(2.) In order to appreciate the issue the relevant facts are mentioned herein as follows:- In LAR No.20/2004 an extent of 5.90 Ares of land comprised in Resurvey No.2154/5 of Varkala Village was acquired for the construction of a private bus stand at Varkala. In LAR No.20/2006 an extent of 4.05 Ares of land in Sy.No.2154/7 of the same village was acquired for the very same purpose. Notification under Section 4(1) was published on 13.10.1997. The LAO awarded compensation by including the properties in four categories namely A, B, C and D. Dry land having road access was included in Category A. Property having no main road access was included in Category B. Dry land with access to pathway was included in Category C and property having no road access was included in Category D.

(3.) The LAO has taken document No.2418/1997 dated 30.6.1997 as the basic document to fix the land value. The land acquired in LAR No.20/2004 was included in category B and determined compensation at the rate of Rs.55, 983/- per Are. The property acquired in LAR No.20/2006 was included in category D and the land value value was fixed as Rs.41, 987/- per Are. However, the Reference Court included both the properties in Category B and based on the exemplar produced and marked as Ext.A1, enhanced the land value at the rate of Rs.2, 77, 875/- per Are (1, 12, 500/- per cent) . Apart from that compensation was also given to the building situated in the property as well for the improvements separately. The State preferred these appeals contending that the Reference Court granted an exorbitant amount as compensation.