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1984 Supreme(Ker) 153

K.BHASKARAN, M.P.MENON
State of Kerala – Appellant
Versus
Kottammal Mammeeriyakutty – Respondent


Advocates:
Advocate General, for Appellant; P.K. Musa, for Respondents.

Judgement

K. BHASKARAN, AG. C.J.:- An extent of 0.0068 hectares of land in R.S. No. 394/7 of the Area code village with the building thereon, was acquired for a public purpose, viz. for widening and improving the Areacode Vazhakkad road, after having published the notification in that behalf under sub-section (1) of Section 3 of the Kerala Land Acquisition Act (the Act) on 5-12-1972. The Land Acquisition Officer awarded Rs. 21,986/- for the shop building and the land value at the rate of Rs. 25,925/- per hectare, as per his award No. 23 of 1976 dt. 14-8-1976.

2. It is aggrieved by this valuation made by the Land Acquisition Officer that the respondents-claimants made the reference under S.20 of the Act. When the matter came up before the Subordinate Judge, Manjeri, in L.A.R. No. 4 of 1977, which was reference under Section 20 of the Act, three witnesses, A. Ws. 1 to 3, were examined on the side of the Claimants; and on the side of the respondent, R.W.1 was examined. Ext. A1 is the certificate issued by the Executive Officer, Areacode Panchayat to one of the claimants. Ext. A2 is the registration copy of sale deed No. 251/68 of the Sub Registrar's Office, Areacode, which was proved by









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