~~~~~~~~~~~ T.R.Ramachandran Nair, J. This appeal is filed by the State aggrieved by the judgment and decree in LAR No.246/2009 of the IInd Additional Sub Court, Thiruvananthapuram. This is a case where the acquisition is for the purpose of widening GG Hospital- Kumarakupram - Poonthy NH Bypass Road. The notification under Section 4(1) was published on 26.6.2006. The land Acquisition Officer awarded land value at the rate of Rs.1,58,219.31 per Are which stands enhanced to 12,35,000/- per Are by the reference court.
2. Learned Senior Government Pleader, Sri.R.Padmaraj, submitted that it is a case where the land was categorised as category 'B' in Reach III and therefore, the land value adopted by the reference court is on a higher side. According to the learned senior Government Pleader, in respect of properties for which the Land Acquisition Officer awarded 2,48,125/- per Are, the reference court enhanced the land value to Rs. 12,35,000/-. Therefore, a reasonable reduction has to be arrived at for fixing the land value of the acquired property herein. It is also submitted that going by the categorisation, the various items of properties have been treated as dry, wet, wet converted dry or partially converted to dry. Since the said categorisation is not under challenge, this was a crucial aspect to be considered by the reference court.
3. Learned counsel for the 1st respondent, Sri.Ayyappan Sankar, submitted that actually the property herein is a dry land and therefore, there was no basis for categorisation either as converted dry land or wet land converted to dry land. The learned counsel submitted for perusal the notes of award in support of his pleas.
4. We have gone through the notes of the award. There is a general remark, after referring the various items of properties that “these areas are situated either dry or wet, wet converted dry or partially converted to dry”. It is also stated that some parts are commercially developed and thickly populated, while others are scarcely populated. The whole alignment area in Reach III is grouped into A, B & C Category, taking into account the above factors. Then the area and sub divisions in each category are given. Item of property included herein is 'B' category. But it is not clear from the notes whether the said land has been treated as wet converted dry or partially converted to dry. In the notes under LAC No.364/07 it is noted as follows:
“This case relates to the acquisition of 0.88 Ares of dry land comprised in survey No.1628/2 of Kadakampally Village in Thiruvananthapuram Taluk.” In that view of the matter, it is to be taken that the property is a dry land.
We are not having any evidence before us to show as to how the Land Acquisition Officer has categorised this property since the description of this particular property is as dry land in the notes of award. In a batch of cases, LAA.No. 31/2013, we have confirmed the land value awarded for dry land at Rs.12,35,000/- per Are. In that view of the matter, we find no reason to interfere with the award herein. Accordingly, the appeal is dismissed.
Sd/- T.R.RAMACHANDRAN NAIR, JUDGE.
Sd/- P.V.ASHA, JUDGE.
Ps/6/12/2014 //True copy// PA to Judge