LAWS(KER)-2019-1-79

GEETHA VISWANATHAN Vs. STATE OF KERALA

Decided On January 16, 2019
GEETHA VISWANATHAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment dated 23.07.2014 passed by the Sub Court, Attingal in L.A.R.No.40 of 2010.

(2.) An extent of 338.73 Ares of land, owned by the appellant, in Pallippuram Village was acquired for the purpose of development of Electronic Technology Park. Notification under Section 4(1) of the Land Acquisition Act was published on 05.12.2006. The Land Acquisition Officer fixed the value of the land at Rs.1,17,978/- per Are and granted compensation for land at the aforesaid rate. The Land Acquisition Officer also granted an amount of Rs.1,22,664/- towards value of improvements and an amount of Rs.3,26,822/- towards value of the structures in the acquired property. The reference court enhanced the value of the land by 65% and fixed it at the rate of Rs.1,94,664/- per Are. The reference court also enhanced the compensation towards the value of the improvements to Rs.7,00,000/-. The reference court did not allow any enhancement with regard to the value of the structures in the acquired property. Dissatisfied with the award passed by the reference court, the claimant has filed this appeal.

(3.) The State has field cross objection contending that the reference court should not have granted an amount of Rs.7,00,000/- as compensation for the value of the improvements (value of the rubber trees) in the acquired property.