Court reiterates the need for fresh evidence in land acquisition cases and re-fixes compensation based on similar property categorizations.

JUDGMENT

When these appeals were taken up for hearing the learned Counsel for the appellant brought to my notice the judgment of this Court in L.A.A No.723 of 2012 dated 06.06.2019. He submitted that the dispute arising in these cases is also pertaining to the nature and character of the property acquired and appropriate compensation to be granted. In the judgment pointed out by the learned Counsel for the appellant this Court held that evidence on record was not sufficient to arrive at a conclusive finding regarding the nature as well as comparability of the properties involved. Therefore, this Court found that the proper course would be to remit the matter to the reference court for permitting the parties to adduce fresh evidence and to decide the matter on the basis of the same. The reference court thereafter considered the matters afresh. The learned Sub Judge in L.A.R No.176 of 2000 re-fixed the land value at Rs.75,000/- per Are. The property involved in the said land acquisition reference was also included in category No.V – land interiorly situated. The properties involved in these cases are also in category No.V. The learned Senior Government Pleader submitted that no appeal has been filed by the State against the judgments and decrees passed by the reference court after remand. Therefore, the value re-fixed by the reference court has become final. Hence in my view the appellants in these cases are also entitled for getting the land value re-fixed at Rs.75,000/- per Are and there is no need to remit the matter as the learned Senior Government Pleader also stated that the property involved in this case and in L.A.R No.176 of 2000 were in the same category.

Accordingly, the appeals are disposed of re-fixing the land value at Rs.75,000/- per Are. Needless to say the appellants shall be entitled for all consequential statutory benefits. It is clarified that the appellants shall not be entitled for interest for the period of delay in filing the appeal.

Sd/-

S.MANU JUDGE