STATE OF KERALA Vs. PERAVANKUTTY

JUDGEMENT

(1.) These appeals by the State arose from a common judgment passed by the Subordinate Judge's Court, Kozhikode in L.A.R.Nos. 211/94, 212/94, 213/94, 214/94, 215/94 and 171/95. The above reference applications were filed by the respondent claimants under S.28A of the Land Acquisition Act.

(2.) The case put forth by the claimants is that as per the award dated 11.10.1988 they were awarded compensations but they failed to file application for reference under S.18 of the Act though the compensation awarded was inadequate. However, on 8.9.1992 the claimants came to know that as per the judgment in L. A.R. No. 136/89 the court below had enhanced and refixed the compensation in respect of the lands covered by the same notification at the rate of Rs. 12,000/- and Rs. 16,000/- per cent respectively for wet lands and garden lands. The claimants filed applications for certified copy of the judgment on 8.10.1992. On the basis of the certified copy of the judgment in LAR No. 136/89 so obtained they filed applications before the Land Acquisition Officer under S.28 A on 10.11.1993 for predetermination of the compensation. However those applications were rejected. Thereafter on 4.12.1993 they filed applications for reference in the Court below under S.28 A. the Court below found that the land value fixed as per Ext. A1 and Ext. A1(a), certified copy of decree and judgment in LAR No. 136/89 dated 30.11.1990, could be adopted in these cases subject to certain deductions. Accordingly, the Court below fixed the market value of the garden land and wet land at the rate of Rs. 10,000/- and Rs. 9,000/- per cent respectively. Being aggrieved by the said common judgment passed by the court below the State has filed these appeals.

(3.) Heard the Government Pleader on behalf of the State and also the counsel for the respondents.