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1987 Supreme(Ker) 38

U.L.BHAT, SANKARAN NAIR
STATE OF KERALA – Appellant
Versus
LUCY KOCHUVAREED – Respondent


Judgment :-

1. The State of Kerala, being aggrieved by the enhancement in compensation awarded by the Land Acquisition Court, Trichur in LAR No. 136.74, has filed this appeal. The claimants have preferred cross-objection.

2.937.9137/40 acres (379.5615 hectares) of land in various survey numbers in Vellayanikkara and Madakkathara villages were required by the State for the purpose of Kerala Agricultural University, the dates of publication of notification under S.3(1) of the Kerala Land Acquisition Act (for short'the Act') being 14-7-1970 and 21-7-1970. Possession was taken on 1-5-1973. The land belonged to A party. It was in the possession of B party as lessee. The Land Acquisition Officer in his Award fixed compensation payable to A party at Rs.19,16,385.08 and payable to B party at Rs.9,58,192.54. At the instance of the claimants reference was made to the Land Acquisition Court under S.20 of the Act. The claimants contended that valuation made by the Land Acquisition Officer was too low.

3. Out of the land acquired, 794.09 41/80 acres consisted of yielding rubber plantation with 83551 rubber trees. The remaining extent of 143.82 88/80 acres contained 21152 immature plants, said to

































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