BIJU P MATHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal by the claimant and the property under acquisition was admittedly a tarred road open to the public also. The appellant produced several documents including basic tax receipt to support his case that he was having title over this property and that this property was exclusive pathway for accessing his other properties, which are subject matter of LAR No. 691/1998. For the properties involved in LAR No. 691/1998, the reference Court refixed the land value at the rate of Rs.37,000/- per Are and the contention of the appellant in this appeal is that the acquired property in this case should be awarded land value at that rate.

(2.) We have heard the submissions of Sri. Manzoor Ali K. A., learned counsel for the appellant and Smt. Thusara James, learned counsel for the requisitioning authority.

(3.) The learned counsel for the appellant submits that the documents will reveal that the property was under the ownership of the appellant only. He highlighted that the land acquisition proceedings were initiated against the appellant and not against anybody else. If the property was the Government's land or land vested in any public authority, it was unnecessary that land acquisition proceedings were initiated, according to the learned counsel.