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2010 Supreme(Ker) 316

C.K.ABDUL REHIM, PIUS C.KURIAKOSE
State Of Kerala – Appellant
Versus
Sushama Kumari – Respondent


Advocates Appeared:For the Petitioner:R. Bindu, Government Pleader. For the Respondent:G.S. Reghunath, Advocate.

Judgment :

Pius C. Kuriakose, J.

1. This appeal is preferred by the Government against the award of enhanced compensation towards value of land and also towards value of the building which existed on the land under acquisition. The property was in Thycaud Village of Thiruvananthapuram District. The acquisition was for the purpose of construction of Jagathy Bridge pursuant to Section 4(1) notification dated 6-11-2000. The Land Acquisition Officer fixed land value at Rs.2,96,400/-per Are and awarded structure value at Rs.4,28,387/-. The reference court re-fixed the land value at Rs.6 lakhs per Are on the basis of the evidence which came on record. The structure value was enhanced by the reference court to Rs.3,98,365/-. Before the reference court the claimant relied mainly on Ext.A5 commission report and Ext.A5(a) valuation prepared by an expert who assisted the commissioner in the matter of Ext.A5 commission report. The claim towards compensation for the building was Rs.40 lakhs. Under Ext.A5 and A5(a) the value of the building was assessed at Rs.9,56,250/-. The court below did not rely on Ext.A5 or A5(a) for the reason that the author of Ext.A5(a) was not examined and that going by


















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