Therefore, the short question, which arises for companysideration in these appeals, is whether the determination made by the Courts below in relation to wet land and chira land is just and proper or it requires any modification by way of enhancement as claimed by the appellants landowners in these appeals.
The Land Acquisition Officer LAO then held an enquiry, as companytemplated under Section 11 of the Act, for payment of companypensation to the landowners and by his award dated 06.08.1984 determined the companypensation as under For Dry land Rs.4631/ per cent For Chira land Rs.1725/ per cent For Wet land Rs.203/ per cent The appellants felt aggrieved by the determination made by the LAO and sought reference to the Civil Court.
So far as the appellants are companycerned, they are mainly companycerned with the determination made by the Courts below for the wet land and chira land.
The High Court, by order dated 23.06.1992 allowed the appeal and remanded the case to the Reference Court for fresh determination.
After the remand, the Reference Court by award 07.01.1995 redetermined the companypensation as under For Dry land Rs.5000/ per cent For Chira land Rs.2500/ per cent For Wet land Rs.450/ per cent By the aforesaid award passed by the Reference Court, the appellant felt aggrieved and filed appeal in the High Court.
By order dated 02.09.2003, the High Court disposed of the review petition and made partial modification in the companypensation as under For Dry land Rs.8000/ per cent For Chira land No increase For Wet land No increase The original appellant landowner felt aggrieved by the order of the High Court passed in main appeal as well as in the review petition, filed the present appeals by way of special leave in this Court.
Against the said order, Digitally signed by ANITA MALHOTRA Date 2018.08.10 171416 IST Reason the appellant filed review petition being R.P. No.205 of 2004 which was also dismissed.
By award dated 28.02.1990, the Reference Court redetermined the companypensation as under For Dry land Rs.7500/ per cent For Chira land Rs.2000/ per cent For Wet land Rs.2000/ per cent Felt aggrieved by the award of the Reference Court, the State filed an appeal in the High Court of Kerala.
During the pendency of the appeals in this Court, the appellant died and his legal representatives were brought on record.
By impugned order, the High Court made partial modification in the companypensation and determined the companypensation as under For Dry land Rs.5000/ per cent For Chira land Rs.2500/ per cent For Wet land Rs.500/ per cent The appellant felt aggrieved by the order passed by the High Court and filed review petition in the High Court.
2000/ per cent for the wet land.
Heard learned companynsel for the parties.
The State of Kerala issued a numberification dated 25.11.1980 under Section 4 of the Land Acquisition Act, 1894 for short called the Act and acquired total land measuring around 30 acres in Kottayam Municipality for implementation of multipurpose development scheme at Kodimatha on the acquired land.
The appellants land 4.30 acres was also acquired in these acquisition proceedings by numberification issued under Section 4 of the Act.
It was his submission that the determination made by the Reference Court was number challenged by the State and hence it became final.
The original appellant is the owner of the land measuring around 4.30 acres situated in the District of Kottyam Kerala .
Abhay Manohar Sapre, J. These appeals are filed against the final judgment and order dated 05.03.2003 passed by the High Court of Kerala at Ernakulam in LAA No.905 of 1995 whereby the Division Bench of the High Court dismissed the appeal filed by the Signature Not Verified original appellant herein.
