Ramachandran Nair, J. Aggrieved by the judgment of the reference court in L.A.R No.381 of 2005, this appeal is filed by the State. It is a case where the property was acquired for the purpose of widening of Kottarakkara-Adoor-Chengannur M.C road. The notification under Section 4(1) was issued on 07.01.2003. The work involved is widening of M.C road under the Kerala State Transport Project. The Land Acquisition Officer fixed the land value @ Rs.2,980/- per are.
2. By relying upon Ext.A1 judgment in L.A.R No.29 of 2006, the land value was refixed by the Reference Court at Rs.1,60,000/- per are.
3. In Ground B of the Appeal Memorandum it is stated that while referring to Ext.A1 judgment, the court below relied upon the judgment in L.A.R No.312/2005. In an appeal filed against the said judgment, those matters have been remanded back.
4. The learned Senior Government Pleader Sri Aloysius Thomas submitted that herein the categorisation made by the Land Acquisition Officer will show that it is a wet land. The learned counsel for the claimant Sri T.K.Koshy submitted that actually it is a dry land which is clear from para.2 of the judgment.
5. Para.2 of the judgment states that the property is a dry land comprised in Sy.No.295/9 of Erathu Village. In the grounds of the appeal memorandum, no dispute has been raised with regard to the character and nature of the property. The importance of the property acquired, going by the claim statement of the claimant, is that, it is situated in the heart of Puthusseri Bhagom town. It is suitable for residential as well as commercial purposes. The court below relied upon Ext.A1 since the purpose of acquisition was the same and the property was also acquired on the very same notification where the land value has been fixed at Rs.1,50,000/- per are. The property is being on the side of M.C road, it was found that the said value can be adopted.
In the light of the fact that the property is a dry land situated on the side of the M.C road, we find no reason to interfere with the judgment under appeal. Accordingly, the appeal is dismissed, but without costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge Sd/-
P.V.ASHA Judge rtr/ /true copy/ P.S to Judge