STATE OF KERALA Vs. CHAKALA LONOPPAN PALU DEAD

JUDGEMENT

(1.) This is an appeal by certificate under Article 133 (1) (a) of the Constitution (as it then stood) , valuation earning a right of appeal is the only justification for its institution viz. the subject-matter is in excess of Rs. 20,000. 00.

(2.) The litigation turns on the quantum of compensation awarded to the owner of the land in a case of compulsory acquisition under the Land acquisition Act, 1894. The Acquisition Officer awarded a certain sum which was raised substantially in the court. Both sides filed appeals to the high court which, while dismissing the appeals of the State, enhanced the compensation by a small sum of around Rs. 13,000. 00. The total compensation payable, according to the High court's judgment, was of the order of Rs. 12 lacs. Many points were urged in support of the contention that there had been a gross over-valuation by the court. We are unable to agree for the short reason that this court cannot be persuaded to reappraise the evidence or, indeed, to interfere except in those special cases where some principle has been violated or gross injustice perpetrated. We are unable to discern any, despite the strenuous argument of learned counsel for the state.

(3.) Contentions such as award of a higher percentage for timber waste, a small increase in price for cement, a small percentage for the architect or for supervision, are such as which we cannot entertain and so reject as virtually out of bounds for this court.