STATE OF KERALA Vs. ELISABUTH KURIAN

JUDGEMENT

(1.) This appeal arises out of the judgment dated 9.12.2013 passed by the Sub Court, Kottayam in LAR No. 29/2008.

(2.) An extent of 17.72 Ares of land, with an old building therein, in Muttambalam Village was acquired for the use of the Kerala Public Service Commission. Notification under Section 4(1) of the Land Acquisition Act was published on 30.04.2005. The Land Acquisition Officer granted compensation for land by fixing the land value at Rs.63,976/-per Are. The Land Acquisition Officer also granted an amount of Rs.15,75,950/- as compensation for the building and Rs.400/- as compensation for the improvements in the land acquired.

(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 to AW4 were examined and Exts.A1 to A6 documents were marked on the side of the claimant. No oral evidence was adduced by the State or the requisitioning authority. Exts. R1 and R2 documents were marked on the side of the State. Ext. C1 series report and sketches filed by the Advocate Commissioner were also marked.