PIOUS AND OTHER Vs. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI, PAINAVU. AND OTHER

JUDGEMENT

(1.) The above appeal is filed by the claimants in LAR 11/2012 challenging judgment dated 25/3/2014 of the Sub Court, Thodupuzha dissatisfied by the amount of compensation granted by the Reference Court.

(2.) An extent of 26.7 Ares of land situated in Kumaramangalam Village has been acquired by the Government for the development of Muvattupuzha Irrigation Project (MVIP). Notification under section 4(1) of the Land Acquisition Act, 1894 was published on 3.1.2006. The Land Acquisition Officer awarded land value for dry land in respect of land comprised in Sy.Nos.236/2-5(1) and 236/2-5(2) at the rate of Rs. 23,819/- per Are and in respect of land comprised in Sy.No.236/3-6 at Rs. 21,438/- per Are. Rs. 17,151/- per Are was fixed as compensation for wet land. Rs. 64,645/- was awarded as value of improvements and Rs. 45,120/- towards value of building.

(3.) The claimants objected to the award and the matter was referred to the Sub Court under Section 18 of the LA Act. Before the Reference Court, claimants examined 3 witnesses as AWs 1 to 3 and placed reliance upon Exts.A1 and A2. The respondent did not adduce any oral evidence. They relied upon Ext.R1 to R3. The Commission report and rough sketch was marked as Exts.X1 and X1(a). The Reference Court refixed the land value for dry land at Rs. 23,095/- per Are and for wet land at Rs. 17,322/- per Are.