- (1.) Abatement is set aside. Delay in filing substitution application is condoned. Application for substitution not opposed and is, accordingly, allowed. 1. The short question to be decided is whether the appellants are entitled for enhanced compensation in respect of their acquired land and covered by LAR 31/1990 on the file of Principal Sub Judge, Kottayam. The Land Acquisition Officer awarded compensation of Rs.11,000/- per cent. The Reference Court declined to grant any enhancement though, the appellants relied on A4 and A14 documents. A4 land abutting M.C. Road is in Panchayat area whereas the acquired land is in the Municipal area, Kottayam town. Both are in close proximity, it is not disputed. A14 is a letter issued to the Department of Telecommunications, inter alia, stating that the Department is not interested in the property as the value fixed by the District Collector is Rs.27500/-. It seems from the record that the Department declined to respond to the aforesaid letter on the ground that the value of the land was very high.
(2.) Be that as it may, before us, the learned counsel for the appellants has placed reliance only on A4 land. It is not in dispute that the property covered by A4 document was sold for Rs.189750/- (Rs.17250/- per cent) on 27.10.1986. The date of Section 4(1) Notification in the case before us is 03.02.1987. We see no justification as to why the said document should not be taken into consideration for fixing the land value. A4 land is in Panchayat area whereas the acquired land is in Municipal area and it is also abutting the M.C. Road. Southern boundary of the property is river. The claim was in fact for Rs. 75,000/- per cent.
(3.) Mr. M.T. Goerge, learned counsel for the State submits that the acquired land is wet land. Records show that the acquired land is not wet land but reclaimed dried land, though lying below the road level, as can be seen from the finding of the High Court.;