LAWS(KER)-2018-12-113

STATE OF KERALA Vs. JAIN RAJ

Decided On December 19, 2018
STATE OF KERALA Appellant
V/S
Jain Raj Respondents

JUDGEMENT

(1.) These appeals arise out of the judgment dated 31.10.2013 passed by the Sub Court, Neyyattinkara in L.A.R.No.2/2010.

(2.) An extent of 13.06 Ares of land in Vizhinjam Village was acquired for the purpose of Tsunami Rehabilitation Project. Notification under Section 4(1) of the Land Acquisition Act was published on 11.04.2008. The Land Acquisition Officer granted compensation for land fixing the value of the land at Rs.62,987/- per Are.

(3.) Dissatisfied with the compensation granted by the Land Acquisition Officer, the owner of the land initiated reference proceedings. During the trial of the reference case, AW1 was examined and Exts.A1 to A3 documents were marked on the side of the claimant. No oral evidence was adduced by the State but Ext.R1 series documents were marked on its side. The reference court refixed the value of the land acquired at Rs.1,50,000/- per Are and enhanced the compensation accordingly. Aggrieved by the award passed by the reference court, the State has filed the appeal L.A.A.No.467 of 2014. Dissatisfied with the award passed by the reference court, the claimant has filed the appeal L.A.A.No.788 of 2014.