STATE OF KERALA Vs. KARUNAKARAN NAIR

JUDGEMENT

(1.) This is an appeal preferred by the State challenging the award in a reference under S. 28A(3) of the Land Acquisition Act, 1894 ('the Act').

(2.) 0.60 Ares of land held by the first respondent was acquired for the doubling work of Kayamkulam-Kollam Railway line, pursuant to a notification issued under S. 4(1) of the Act on 07.07.1991. The land value fixed by Land Acquisition Officer for the acquired land was Rs. 7,866/- per Are. The first respondent received the compensation granted on that basis for the acquired land. Later, in a reference under S. 18 of the Act, viz., L.A.R. No. 80 of 1997, the reference court enhanced the land value of another land covered by the same notification, but categorized differently, from Rs. 8,581/- per Are to Rs. 24,700/- per Are. The first respondent then preferred an application for re-determination of the compensation granted to him in tune with the award in LAR No. 80 of 1997, invoking S. 28A(1) of the Act. On the said application, the Collector re-determined the compensation payable for the acquired land under S. 28A(2) of the Act based on the land value fixed by the reference court in L.A.R. No. 80 of 1997, by granting proportionate increase. The land value was, therefore, re-determined at Rs. 22,641.90/-. Nevertheless, the first respondent sought a reference under S. 28A(3) of the Act as, according to him, the Collector ought to have granted for the acquired land, the land value granted by the reference court in L.A.R. No. 80 of 1997. The reference court enhanced and refixed the land value of the acquired land as prayed for by the first respondent. The State is aggrieved by the said decision of the reference court.

(3.) Heard the learned Government Pleader as also the learned counsel for the first respondent.