IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.1024-1035 OF 2002

Devki Amma (Dead) By L.Rs. & Ors. Etc. Etc.   ...Appellant(s)

Versus

State of Kerala & Anr. Etc. Etc.       ...Respondent(s)

O  R  D  E  R

The land of the appellants was acquired by notification dated 18th January,  

1991 issued under Section 4(1) of  the Land Acquisition Act,  1894 [for short,  “the  Act”].  The Land Acquisition Officer awarded compensation at the rate of Rs.5,163/-  

per cent for garden land and Rs.3,600/- for wet land.  The Reference Court fixed the  compensation for garden land at Rs.14,000/- per cent and for wet land at Rs.11,000/-  

per cent.  In the appeal preferred by the State of Kerala and others against the award  of the Reference Court, the High Court reduced the rate of compensation for garden  

land  from  Rs.14,000/-  per  cent  to  Rs.12,000/-  per  cent  and  for  wet  land  from  Rs.11,000/- per cent to Rs. 8,000/- per cent.  Hence, these appeals.   

We have heard learned counsel for the parties and scrutinized the record.  While fixing compensation at a higher rate, the Reference Court relied on Ext. A4  

dated 19.9.1985 wherein value of  the land was shown at  Rs.33,333/-  per cent and  judgment Ext. A5  rendered by the  learned Sub-ordinate  Judge,  Kozhikode,  by  

which  the  compensation  payable  to  the  land  owner   of  that  case   was  fixed  at  Rs.14,000/- per

...2/-

- 2 -  

cent.  The land which was subject matter of Ext. A5 is situated at a distance of 250  meters from the land of the appellants.  The same was also acquired by notification  

issued under Section 4(1) of the Act in the year 1991.  The Land Acquisition Officer  awarded  compensation  at  the  rate  of  Rs.5,500/-  per  cent  which  was enhanced  to  

Rs.14,000/-  per  cent.   In  the  present  case,  the  respondents  did  not  adduce  any  evidence to show that the judgment Ext. A5 could not be made basis for fixing the  

compensation payable to the appellants.  This being the position, the Reference Court  was  justified  in  fixing  the  compensation  payable  to  the  appellants  at  the  rate  of  

Rs.14,000/- per cent for garden land and Rs.11,000/- per cent for wet land and the  High Court was clearly in error in reducing the same only on the premise that oral  

evidence was not produced by the land owners in support of their claims. Accordingly,  the  appeals  are  allowed  and  the  impugned  judgment  

rendered by the High Court is set aside and the same passed by the Reference Court  is  restored.   Needless  to  say  that  the  appellants  shall  be  entitled  to  all  statutory  

benefits.   No costs.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 30, 2009.