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1999 Supreme(Ker) 199

A.S.VENKATACHALA MOORTHY, C.S.RAJAN
State of Kerala – Appellant
Versus
Malankara Rubber & Produce Co. Ltd. – Respondent


Judgment :-

C.S. Rajan, J.

An extent of 6.83.44 hectares of land was acquired for M.V.I. Project. S.3(1) notification was issued on 10.10.1978. The award was passed on 23.7.1980. The property was taken possession on 30.7.1980. The Land Acquisition Court fixed land value at the rate of Rs.. 432/- per Are. Originally the Land Acquisition Court calculated enhanced compensation on capitalised value which was set aside by this Court.

2. The evidence consists of Exts. Al, A2 and A3 documents and the oral testimony of AWs 1 to 5. Ext. A1 is a document dated 17.5.1978. By the above document 40 cents of property was sold for Rs. 40,000/- (Rs. 1,000/- per cent). Ext. A2 document is dated 26.9.1978. In the above document the consideration was Rs. 30,000/- for 22 cents. The value of the property is Rs. 1363/- per cent. Ext. A3 is a document dated 15.7.1968 by which 41/2 cents was sold for Rs. 45,000/- (Rs. 1,000/- per cent). Ext. A1 property is situated in Muttom Junction. Exts. A2 and A3 properties are situated before Muttom Junction viz., Muttom-Karimkunnam road. The acquired property is near to the Thodupuzha-Moolamattom road. It is situated 23 metres away from the main road. There is a PWD r












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