HARUN-UL-RASHID, J.
The State of Kerala is the appellant. The appeal is directed against the judgment and decree dated 3.1.2011 in L.A.R.No.10/2009 on the file of the Sub Court, Nedumangad. An extent of 0.40 Ares of land comprised in Sy.No.264/12/31 of Aruvikkara Village in Nedumangad Taluk belonging to the claimant was acquired for the construction of Water Supply Project of the Kerala Water Authority. Section 4(1) notification is dated 19.9.2006. The Land Acquisition Officer fixed land value @ `18,876/- per Are, which on reference was enhanced by the Reference Court @ `1,85,250/- per Are. Alleging that the land value fixed is exorbitant, the State has preferred this appeal. The parties are hereinafter referred to as arrayed in the reference case.
2. The claimant was examined as AW1. Other evidence consists of Exhibits A1 to A3 and R1 to R5. The claimant has not chosen to apply for deputing a commission to assess the importance of the locality, wherein the acquired property is situate and the potentiality of the acquired land. Except the oral interested testimony of the claimant regarding the importance of the locality, no other legal evidence has been adduced to enable the court to arrive at a right conclusion. The reference court observed that the claimant has not stated any amount of the land value in her claim statement. In chief examination she claimed that the probable value of the property will be between `1.5 lakhs to `2 lakhs per cent. The court below rightly observed that the claimant has not produced any documents to show that any property in the neighbourhood has been sold for similar amount. It is also noticed that though the claimant mentioned various establishments in the vicinity, the distance of said properties are not mentioned. At the same time, the court below without any supporting evidence, fixed `75,000/- per cent (`1,85,250/- per Are) as the land value as against the land value of `18,876/- per Are fixed by the Land Acquisition Officer. In the absence of datas or documents to arrive at a conclusion regarding the probable value of the property, the reference court is not justified in fixing a sum of `75,000/- per cent as land value. In the absence of any evidence, we are not in a position to accept the value fixed by the reference court or the reasons stated for fixing the land value. At the same time, we direct that the claimant shall be given another opportunity to adduce evidence to prove the real market value of the property. The compensation fixed by the reference court as regards the tree value and structures available need not be re-
examined. The compensation fixed by the reference court to those items is accepted. The case is remanded for the purpose of re-determination of land value.
In the result, the appeal is allowed. The judgment and decree under appeal is set aside to the extent of fixation of land value of the property. The court below shall re-fix the land value, after affording an opportunity to both sides to adduce further evidence. Since the matter is of the year 2009, we direct the reference court to consider and dispose of the matter at an early date, at any rate, within a period of six months from the date of appearance of the parties. The parties shall appear before the court below on 02.07.2014.
Sd/-
HARUN-UL-RASHID, JUDGE dsn Sd/-
ANIL K.NARENDRAN, JUDGE