MATHAI THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal by the claimant is against the award of the court below in L.A.R. No. 86 of 1979 relating to the acquisition of 4.77 acres of land in Survey No. 533/1 of Velloor Village. The acquisition was for the purpose of the Velloor Newsprint Project.

(2.) The notification under S.3(1) of the Kerala Land Acquisition Act was published on 27-6-1972. As against the claim for compensation at the rate of Rs. 400/- per cent the Land Acquisition Officer awarded Rs. 102/- per cent. The court below after considering Exts.A1 and A3 sale deeds and Ext.A2 judgment in L.A.A. 190 of 1979 has enhanced the compensation to Rs. 300/- per cent. It is found that the judgment in L.A.A. 190 of 1979 relates to the acquisition of a land about 3 kms. away from the land involved in the present acquisition, and hence in reliance can be placed on Ext.A2. The court below has not relied on Ext.A3 sale deed for the reason that it relates not merely to land but also to buildings. In the absence of evidence relating to the market value of the building the court below was perfectly justified in not relying on Ext. A3 for the purpose of determining compensation for the land acquired in the present case. Ext.Al is a sale deed of the year 1969 conveying 30 cents of land for Rs. 9,000/-. That works out at Rs. 300/- per cent. The land involved in Ext.Al is about 1.9 kms. away from the acquired land. It is, however, considering the nature of the land conveyed under Ext.Al and its locality etc. that the court below has determined the land value in the present case at Rs. 300/- per cent.

(3.) Learned counsel for the appellant Sri. P.C. Chacko relies on the decision of this court in L.A.A. No. 18 of 1983 relating to the acquisition of an adjacent land in Survey No. 530 under the same notification for the same purpose. This court in the judgment in L.A.A. 18 of 1983 affirmed the decision of the court below awarding compensation at the rate of Rs. 350/- per cent for the following reason stated in the judgment: