THULASEEDHARAN Vs. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM

JUDGEMENT

(1.) An extent of 0.45 Ares of property in Sy. No.717/1 of Cheruvaickal village was acquired for the widening of Ulloor-Akkulam-Kuzhivila National Highway bye-pass. Section 4(1) Notification was published on 12.12.2007. The Land Acquisition Officer fixed the land value at Rs 2,26,792/- per Are. The Reference Court re-fixed the value at Rs 24,17,100/- per Are. Dissatisfied with the quantum of compensation, the claimant is in appeal.

(2.) It is brought to our notice that in respect of another property acquired under the very same notification, there was an appeal viz. L.A.A. No.7/2016, wherein this Court has re-fixed the value at Rs 30,18,413/- per Are. No circumstances are brought out dis-entitling the appellant herein to the same value as adopted therein.

(3.) The appellant had a further claim for compensation, for the value of the structures in the acquired property. The Land Acquisition Officer awarded an amount of Rs 1,01,019/- towards the value of structures. Before the Reference Court, the appellant took out an Advocate Commissioner to assess the value of the structures. He, with the assistance of an expert engineer, prepared a valuation statement. As per the same, the value of the structures was arrived at Rs 2,21,022/-. The Advocate Commissioner was examined before the Reference Court as AW4 and the report was marked as Ext.A5. However, the Reference Court did not consider the claim for value of improvements and passed a judgment. Thereupon, the appellant filed an application as I.A. No.3647/15 seeking for review of the judgment of the Reference Court. The said application was dismissed as per order dated 07.12.2017 stating that no evidence is adduced in support of the claim. Obviously, the Commissioner's Report prepared with the assistance of expert engineer and the deposition of the Commissioner has not been taken note of by the Reference Court. Nothing has been brought out to discredit the Commissioner's Report or her evidence. There is no reason why the value as stated by the Commissioner in her report shall not be accepted. Therefore, compensation regarding value of improvements will stand re-fixed at Rs 2,21,022/-.