K.S. Sanjeev (D) By Lrs. Etc. Etc. Vs. State of Kerala & Anr.
The Land Acquisition Act, 1894 - Section 4 , Section 6
Land Acquisition - Compensation - Documentary Evidence - Appreciation of evidence - If the land is otherwise comparable, merely because the witness was not factually correct on description, the evidence cannot be discarded - In fixing the land value, body language of the witness or his conduct in Court are all not really relevant - Fixation is mainly based on the factual position as revealed from the documents.
Land Acquisition - Compensation - Documentary Evidence - Appreciation of evidence - Property covered by A4 document was sold for Rs.189750/- (Rs.17250/- per cent) on 27.10.1986 - Date of Section 4(1) Notification is 03.02.1987 - No justification as to why the said document should not be taken into consideration for fixing the land value - A4 land is in Panchayat area whereas the acquired land is in Municipal area and it is also abutting the M.C. Road - Southern boundary of the property is river - Appellants held entitled to land value for the acquired land fixed at Rs.17250/- per cent - They are also entitled for other statutory benefits in terms of the Act 1894.
Topic(s)-Land Acquisition - Documentary Evidence - Compensation enhanced