Ramachandran Nair, J. This appeal is filed aggrieved by the judgment in L.A.R No.146 of 2006 of the Sub Court, Pathanamthitta. The land was acquired for the purpose of widening of Kottarakkara-Adoor- Chengannur M.C.Road, which is the part of Kerala State Transport Project vide notification dated 26.07.2003 under Section 4(1) of the Land Acquisition Act. The Land Acquisition Officer has fixed the land value at Rs.10,000/- per are and the court below has enhanced it to Rs.50,000/- per are based on Ext.A1.
2. The learned Senior Government Pleader submitted that actually it is a wet land and the court below has found that Ext.A1, which is a certified copy of the judgment in L.A.R No.89 of 2006, cannot be compared. But by resorting to guess work, enhancement has been given.
3. We have gone through the judgment. In para.11 it is mentioned that dry land has been included in the first group where the land value is fixed at the rate of Rs.21,925/- per are. For the reclaimed land which is included in the second group L.A.A No.472 of 2012 2 and the wet land which is included in the third group, the land value is fixed at the rate of Rs.16,444/- and Rs.10,000/- respectively.
4. The learned counsel for the respondent submitted that the property is situated by the side of the M.C road and therefore there is no substance in the contention raised by the State.
5. The extent of the land involved is 0.20 ares and the total enhanced amount is only Rs.8,000/- as evident from the valuation shown in appeal.
In that view of the matter, we do not find any reason to remand back the matter to the trial court. The land value awarded by the Land Acquisition Officer is at Rs.50,000/- per are. Since the property is on the side of the M.C road, it appears that the said valuation is just and proper.
For the above reasons, we dismiss the appeal. No costs.
rtr/ Sd/-
T.R.RAMACHANDRAN NAIR Judge Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge