MOHANAN.T.V. Vs. SPECIAL TAHSILDAR(LA)

JUDGEMENT

(1.) Claimants No.1 to 8, 10 to 12 and 14 to 16 in L.A.R. No.416 of 2001 on the files of the Additional Sub Court, Thalassery are the appellants, seeking enhancement of the compensation awarded.

(2.) An extent of 0.2997 Hectares of land situated in Dharmadam Village was acquired for the purpose of "Dharmadam Tourism Project" under the State Tourism Department, by virtue of a Notification published under Section 4(1) of the Land Acquisition Act, 1894(hereinafter referred to as 'the Act') on 27.10.1998. The Land Acquisition Officer awarded compensation by fixing the land value at the rate of Rs.2,250/- per cent. In a reference made under Section 18 of the Act, the court below had re-fixed the compensation at the rate of Rs.4,000/- per cent. In the above appeal the appellants are seeking further enhancement.

(3.) It is brought to our notice that two appeals, L.A.A. Nos.1706 and 1707 of 2007, which are cases arising out of the very same acquisition were already disposed by this court through a common judgment, dated 21 st December, 2009. It is conceded by both sides that the acquisition covered under the above said judgment was also for the same purpose, by virtue of the same Notification. It is also conceded that the rate of land value awarded in those cases by the Land Acquisition Officer as well as by the reference court are the same rates as awarded in the present case. It is noticed that, by virtue of the said judgment this court had re-fixed the land value at Rs.7,500/- per cent. Therefore, we are of the opinion that the appellants in this case are also entitled for the same rate of enhancement.