Ramachandran Nair,J. LAA 1724/02 is filed by the State aggrieved by the judgment of the Reference Court. The Cross Objection No . 50/05 is filed by the claimant whose property was acquired. An extent of 11.76 cents of land comprised in R.S 14/3 of Vengeri Village in Kozhikode was acquired for construction of bye-pass to the National Highway. The notification under S.4 (1) was published on 08.02.1995.The Land Acquisition Officer as per the award fixed the land value at Rs.7,454/- per cent, which was enhanced by the Reference Court to Rs.22,000/- per cent. The claimant in C.O 50/05 has sought for a land value at the rate of Rs.40,000/- per cent in total.
2. This appeal was once disposed of by the Division Bench of this Court and thereafter, a review petition was filed as R.P No.755/05, which stands allowed and accordingly, it was reposted for hearing.
3. We heard the learned counsel for the claimant Sri P.V.Kunhikrishnan and the learned Government Pleader.
4. The Reference Court relied upon Ext.A1, copy of the judgment in LAR No. 461/97 and Exts.C1 and C3 are the reports and plan prepared by the Commissioner. AW1 was examined to prove the case of the claimants also.
5. It is submitted by the learned counsel Sri P.V.Kunhikrishnan that as far as the property involved in Ext.A1 was concerned, which was acquired for the same purpose, but by a notification dated 14.07.1993 under Section 4(1) of the Land Acquisition Act, in the judgment in LAA No. 694/01, a Division Bench of this Court confirmed the judgment of the Reference Court therein. The land value fixed by the Reference Court at Rs.40,000/- per cent has been confirmed by the Division Bench. After noticing the fact that in respect of wet land situated in Chevayur village this Court had sustained the land value even to the tune of Rs.60,000/- per cent, the Division Bench also found that there is no dispute that the property in Vengeri Village is either equally important or more important than the property situated in Chevayur Village.
6. We have considered the rival submissions in the light of the fact that the property has been acquired from the claimant for the same purpose and in the light of the judgment in LAA No.694/01. We are of the view that, the claimant is entitled to the enhanced amount of compensation.
Therefore, LAA No. 1724/02 is dismissed and C.O No. 50/05 is allowed. We hold that the claimant is entitled to the land value at the rate of 40,000/- per cent for the acquired property. He will also be entitled to other statutory benefits, ordered by the Reference Court. No costs.
Sd/-T.R.RAMACHANDRAN NAIR Judge.
Sd/- P.V.ASHA, Judge.
True Copy P.A to Judge lsn