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2009 Supreme(Online)(KER) 39779

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, C.K. ABDUL REHIM, JJ
THE SPL TAHSILDAR (LA), OECF, KOZHIKODE – Appellant
Versus
NELLIKKAL SAROJINI – Respondent


JUDGMENT

Pius C.Kuriakose, J.

All these appeals pertain to acquisition of land for laying pipeline and construction of water tank for OECE, Kerala Water Authority. The property was in Kuruvattor Village of Kozhikode District. Relevant Section 4(1) notification was on 26/6/1998. The land acquisition officer awarded land value at the rate of Rs.2321/- per Are. The claimants, being dissatisfied, facilitated a reference and the Sub Court in the first instant would refix the land value at Rs.5,000/- per cent. Being aggrieved, the claimants preferred appeals and this court considering the appeals remanded the matter to the reference court giving an opportunity to the claimants to take out a commission and substantiate before the reference court that there was no comparison between basis land and acquired land and also to get a report regarding the comparison of A1 property and the acquired property. After remand, commission was taken out and the commissioner filed his report Ext.C1. The commissioner was L.A.A..No.1254/2008 & others 2 examined as AW-3. Significantly, no additional counter evidence was adduced either by the Government or by the requisitioning authority. The learned Subordina

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