Dissatisfied with the judgment and decree passed in LA.R. No.39 of 2010 by the Subordinate Judge's Court, Mavelikkara, who is court below, the claimant in the reference before the court below has come up in appeal. 2. 02.20 Ares of wet land of the appellant in Pallippad village was acquired for the Indian Railways and the land was taken in advanced possession on 18.5.2005. By fixing the land value at `5,111/- per Are, the Land Acquisition Officer awarded a compensation of `19,945/- to the appellant, which the appellant received under protest. In the reference, the court below fixed the land value at `11,000/- per Are.
3. Heard the learned counsel for the appellant, learned Government Pleader and the learned Standing Counsel for the Indian Railways. Learned counsel for the appellant has pointed out that in the acquisition made for the purpose of N.T.P.C. from Chingoli village through the notification dated 22.1.1990, the court below had fixed the land value for the similarly placed wet land at `14,400/- per Are., as it is evident from Ext.A2, copy of a common judgment dated 18.9.1999. Here in the present case, the land was acquired through a notification in the year 2005. Even though the property in question is a wet land, it seems that the same is situated just 250 Mtrs. away from the Haripad Railway station and around half a Kilometre away from N.H. 47. It is true that it is a wet land being used as paddy field and therefore it may not be easily possible to convert it as a reclaimed land. At the same time, it has to be considered that the similarly placed wet land, even though it is situated 1½ Kms away from the wet land in question, acquired for the NTPC, the court below has fixed the land value of the said wet land at `14,400/- per Are. The land in question was acquired through a notification published after more than 14 years. Therefore, definitely there will be a considerable increase in the land value. Considering the facts and circumstances of this case, this court is of the view that the land value can be fixed at `18,000/- per Are. for the wet land in question.
In the result, this appeal is allowed in part and the land value for the property in question is fixed at `18,000/- per Are. The appellant is entitled to get the enhanced compensation at the rate of `18,000/- per Are. for the acquired wet land. The appellant is entitled for all statutory benefits of such enhanced compensation.
Sd/ B.KEMAL PASHA, JUDGE dl // True Copy//