STATE OF KERALA Vs. SANKARA PANICKER

JUDGEMENT

(1.) This is an appeal filed by the State against the award passed in L.A.R. 148/81 of Sub Court, Mavelikkara. An extent of 13.60 Acres of land in Sy.No.182/6B/2 and 182/7-2 of Mulakuzha village in Chengannur Taluk was acquired for the purpose of Kallada Irrigation Project. A composite notification under S.3(1) and 19(4) of the Kerala Land Acquisition Act was published on 29-5-1976. The State took possession of the land on 31-5-1977. The Land Acquisition Officer fixed the land value at Rs.1715/- per Acre and a total sum of Rs.13153.96 was awarded as compensation. The claimant prayed for enhancement of the compensation contending that the land should have been valued at Rs.700/- per cent. The matter was referred to the Sub Court, Mavelikkara. Before the court below the claimant filed a written statement claiming land value at Rs.700/- per cent. The court below considered the claim of the claimant and allowed enhancement to the respondent claimant by fixing the land value at Rs.700/- per cent. This is challenged by the State.

(2.) Before the reference court the claimant produced Ext.A1. It is a certified copy of the judgment passed in L.A.R.291/78 of Sub Court, Mavelikkara. Exts.A1 judgment was in respect of acquisition of a nearby property. The court below considered Ext.Al and on that basis held that the claimant was entitled to get enhancement of the land value. In Ext.Al the land value was fixed at Rs.4375/-per Acre. Ext. A1 sale deed

(3.) The respondent filed a memorandum of cross appeal contending that the