STATE OF KERALA Vs. E R PHILIP

JUDGEMENT

(1.) The procedure adopted by the reference court for determination of compensation under Section 28A(3) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') is under challenge in these appeals.

(2.) Lands owned by the party respondents in these appeals (hereinafter referred to as 'the applicants') were acquired for the purpose of construction of a railway overbridge. Notification under Section 4(1) of the Act was published on 21.04.2003. The Land Acquisition Officer fixed the compensation due to the applicants. They did not make any application under Section 18 of the Act. Subsequently, they filed application under Section 28A(1) of the Act for redetermination of the amount of compensation. The basis of that application was the award passed by the reference court in L.A.R.No.76/2009, which related to acquisition of land for the same purpose under the same notification. The Land Acquisition Officer rejected the claim made by the applicants for redetermination of the compensation on the basis of the award passed by the reference court in L.A.R.No.76/2009 but made reference to the court under Section 28A(3) of the Act.

(3.) During the proceedings before the reference court, AW1 and AW2 were examined and Exts.A1 to A4 and Exts.C1 and C1(a) documents were marked. The reference court enhanced the amount of compensation after taking such evidence and after conducting an elaborate enquiry. Aggrieved by the awards passed by the reference court, the State has filed these appeals.