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Judgment
Ramakrishna Pillai, J.—The appellants (husband and wife) whose properties in Thangallur Village was acquired for the Industrial Development Plots are before us dissatisfied with the amount of compensation awarded by the reference court. The section 4(1) notification was published on 18.11.2004. The Land Acquisition Officer fixed the land value at the rate of Rs. 6,795/- per Are. On a reference, the reference court re-fixed the land value at Rs. 9042/- per Are based on Ext.R1 basis document.
We have heard the learned counsel for the appellants and the learned Senior Government Pleader. We have also perused the impugned judgment. Before the trial court, the appellants relied on Exts. A1 to A4 as well as Ext. A5 a report submitted by the Commissioner. The reference court was not inclined to accept Ext. A5 report on the ground that the Commissioner was not cross examined by the Government. Exts. A1 to A4 were made available to us for perusal by the learned counsel for the appellants during the course of the argument. We notice that the properties made mention of in Exts. A3 and A4 have same resemblance with the acquired property. Ext. A4 is dated 17.5.2000 which pertains to 1 Acre of land purchased by the Kerala State Electricity Board for a price at the rate of Rs. 13,750/- per cent. Ext. A3 is another sale deed dated 27.1.2004 pertaining to 29.7 Ares which was purchased by a private party at the rate of Rs. 10,000/- per cent. The properties under acquisition is situated very near to Mundoor junction on the Thrissur-Kunnamkulam State Highway. On going through the descriptions in Exts. A3 and A4, we are of the view that the properties under acquisition are having a centage value which is somewhat similar to the centage value of the properties made mention of in Exts. A3 and A4. On a consideration of all relevant aspects in the matter, we re-fix the market value of the acquired property at Rs. 12,500/- per Are.
The appeal is allowed. The appellants are entitled to get all statutory benefits admissible u/s 23 (2), 23(1A) and Section 28 of the Land Acquisition Act. Parties will suffer their respective costs.