HARUN-UL-RASHID, J. State of Kerala and another are the appellants. The appeal is directed against the judgment and decree dated 26/10/2007 in L.A.R.No.55 of 2004 on the file of the 1st Additional Sub Court, Thiruvananthapuram. An extent of 0.38 Ares of land belonging to the respondent/claimant was acquired for the widening of road from Keshavadasapuram- Mannanthala reach-1. The Notification under Section 4(1) of the Land Acquisition Act was published on 30/3/1998. The Land Acquisition Officer passed the award fixing the land value at `1,28,562/- per Are. The Reference Court re-fixed the land value @ ₹2,00,000/- per Are. The appellants preferred the appeal challenging the quantum of compensation.
2. The claimant as AW.1 testified before the court that the land is situated at an important place having many public and private institutions in its vicinity and that the Land Acquisition Officer failed to consider the importance of land while fixing the compensation. In support of the claim for enhanced compensation, claimant produced Ext.A1 judgment in L.A.R.No.133 of 2001 before the Reference Court. The property involved in L.A.R.No.133 of 2001 judgment marked as Ext.A1 is also acquired for the same purpose as per the Notification dated 6/7/1999. The property lies in the same village. In that case Land Acquisition Officer fixed the land value at ₹1,40,605/- per Are and the Reference Court enhanced the same to ₹2,00,000/- per Are.
The Reference Court examined Exhibit A1 document and concluded that the land covered under land acquisition and land covered in Ext.A1 are similar and similarly situated and both the lands are acquired for a common purpose. The Reference Court enhanced the compensation and re-fixed @ ₹2,00,000/- in L.A.R.No.133 of 2001. The appeal preferred challenging the quantum fixed in L.A.R.No.133 of 2001 stands dismissed. We also find that the fixation of ₹2,00,000/- per Are by the Reference Court is just and reasonable. We do not find any reason to interfere with the award passed by the Reference Court. The appeal therefore fails and hence dismissed.
HARUN-UL-RASHID, JUDGE skj ANIL K.NARENDRAN, JUDGE True copy P.A to Judge