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1984 Supreme(Ker) 303

M.FATHIMA BEEVI, VARGHESE KALLIATH
State of Kerala – Appellant
Versus
Thomas – Respondent


JUDGMENT

Varghese Kalliath, J.

1. The Judgment of the court was delivered by Varghese Kalliath, J.- This is an appeal by the State. A piece of land measuring 1.620 Hectares in Sy. No. 1/30 of Kandalad Village was acquired by the Government. The Land Acquisition Officer passed an Award fixing the compensation. The claimant (respondent in this appeal) was not satisfied with the compensation fixed by the Land Acquisition Officer. He caused a reference under S.20 of the Land Acquisition Act to the Subordinate Judge's Court, Badagara.

2. The respondent in this appeal raised before the Trial Court several grounds for enhancement of compensation. The Trial Court passed a decree on 6th March 1973 granting substantial enhancement of compensation. The State filed an appeal as A. S. 333/1973 before this court against the decree of the Subordinate Judge, dated 6th March 1973. This court decided A. S. 333/1973 by a common judgment, dated 10th March 1975. On many matters of controversy the findings of the Trial Court were upheld by this court. This court found that the valuation in regard to certain items was not satisfactory and the decree of the Trial Court was set aside in regard to these specif




















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