SWAMIDASAN Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Claimants in L.A.R. 187/97 on the file of the Court of Subordinate Judge, Thalassery, are the appellants. They challenge the judgment of the reference Court on the ground that the enhancement in land value granted was not sufficient. An extent of 0.0382 hectares (9.50 Cents) of garden land belonging to the appellants, was acquired for realignment of N.H. 17. Under the award, Rs.72,801/- was granted for 91/2 Cents of acquired land and Rs.99,839/- for the building thereon, Claimants contended that they are entitled to land value at the rate of Rs. 30,000/- per cent and building should have been valued at Rs. 2,25,000/-. The basic document relied on in the award is one dated 18.9.1993 relating to 0.0405 hectares of land. After deducting value of improvements on the land, land value was fixed at Rs. 11,50,500/- per hectare.

(2.) 1st claimant was examined on behalf of the claimants as AW 1. He deposed that the acquired land lies abutting the National Highway. Near to the acquired land, there are various institutions like F.C.I, godown, Canara Bank, Sreekoormba tample. Talkies etc. Muzhapilangad beach resort situates about 1 km. away from the acquired land. In Ext. Cl report, Commissoner had stated that the basic land situates about 1 km. away from the acquired land and it is not similar to the acquired land. Registration copy of the document No. 439/94 was marked as Ext. A1 in which the land value shown was at the rate of Rs.15,000/- per cent. In Ext. A2 registration copy of another document No. 172/96, land value was shown as Rs. 25,000/- per cent. It is on this basis, enhancement of land value was Sought.

(3.) On behalf of the respondents, Revenue Inspector was examined as RW 1, Copy of the basic document was marked as Ext. B1 Revenue Inspector stated that the basic document is similar to the acquired land and the land value given at the rate of Rs. 4,617/- per cent is fair and reasonable.