IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
STATE OF KERALA – Appellant
Versus
SHAMLA.A.ABIDA – Respondent
JUDGMENT
In this appeal, the challenge is against the Judgment and Decree dated 31.08.2024 in LAR No.50 of 2021 on the file of the Land Acquisition, Rehabilitation and Resettlement Authority, Kollam.
2. The property of the respondent, having an extent of 0.15 Ares comprised in Block No.25, Re-Survey No.453/3-2 of Mundakkal Village in Kollam Taluk was acquired for the construction of Eravipuram Railway Overbridge, and its approach road. Notification under Section 4 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 (herein after referred to as ‘the Act’) was published on 15.02.2019. An award for a total sum of Rs.4,79,906/- was passed by fixing the land value as Rs.1,14,222.45 as per award dated 31.12.2020. Dissatisfied with the compensation granted, reference was sought under Section 64 of the Act.
3. Before the Authority, the respondent relied on Ext. A1, certified copy of the Sale Deed No.1880/2017 of Eravipuram SRO dated 18.10.2017. The respondent contented that the property covered by Ext. A1 was similarly situated and therefore the value shown in the said document can be followed for fixing the land
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