STATE OF KERALA Vs. RADHAMONY AMMA MADHAVA VILASATHU

JUDGEMENT

(1.) AN extent of 0. 24 Ares of dry land comprised in Survey No. 264/31 of Karuvatta village owned by the respondent/defendant was compulsorily acquired by the state for the purpose of Railways. Notification under Section 4 (1) of the Land acquisition Act, was published on 25. 09. 1991. An award was passed on 15. 2. 1992. The Land Acquisition Officer had fixed a sum of Rs. 4,922/- per Are. On a reference at the instance of the claimant, the Sub Court, Mavelikkara in LAR 22/1994 passed an award enhancing the land value to Rs. 11,878/- per Are. The reference court relied on Ext. A1 judgment of the same court in LAR No. 346/93 involving the compulsory acquisition of lands from the same village in an earlier notification published on 10. 5. 1988. In that land acquisition case, the land Acquisition Officer had fixed the land value at Rs. 6,300/- per Are and the reference Court had enhanced the land value to Rs. 14,847/- per Are. In the present case the Reference Court fixed the land value by adopting 80% of the land value fixed in LAR No. 346/1993. Aggrieved by Ext. A1 judgment in LAR No. 346/93 the State had filed LAA No. 145 of 2005 before this Court. The said appeal was dismissed on 16. 6. 2005. If so, the basis for the enhancement given in the present case stand confirmed. Such being the position I do not find any good reason to interfere with the award passed by the Reference Court. This appeal is, accordingly, dismissed. Dated this the 5th day of June, 2009.