STATE OF KERALA Vs. MALAYALAM PLANTATION LTD

JUDGEMENT

(1.) This appeal is filed by the State against the decision of the Sub Court, Kottarakara enhancing by a sum of Rs. 98,011.07 the compensation payable for the land acquired. The respondent has filed a cross objection claiming a further "sum of Rs. 2,87,088/-. For the purpose of blasting and collecting rubbles for the Parappur Dam of Kallada Irrigation Project an extent of 8. 83 hectares of dry land in Sy. No. 1/8 of Edamon Village was acquired under the emergency provision of the Land Acquisition Act. The land is situate by the side of Trivandrum - Shencottah Road a little away from Thenmala Junction where the road from Quilon joins. The respondent submitted a statement claiming land value at Rs. 80/- per cent, value of improvements of Rs. 28.536.66, value of granite Rs. 3,57,871/- and a sum .of Rs. 30,000/- towards injurious affection of the rest of the land belonging to the respondent. On the whole Rs. 5,90,950/- was claimed as compensation The Land Acquisition Officer after conducting an award enquiry assessed the land value at Rs 27.50 per Are. That worked out at Rs. 24 282 50 as land value. Rs. 15,301/- was assessed as value of improvements. Adding solatium at 15% and interest from the date of dispossession i e. 30-1-1971 to the date of the award a sum of Rs. 47,616.23 was awarded as compensation. Dissatisfied with this award the claimant applied for reference and the Sub Court, Kottarakkara enquired into the reference.

(2.) The main objection taken before the lower court to the award was that the land value awarded is too low compared to the market value of the land, that the value awarded for the timber is too low and that the granite rock available in the land has got a saleable value which should have been valued separately and paid for. The lower court issued a Commission to find out the cubic content of the rock in the acquired land. An Advocate Commissioner, A.W. 4 visited the property and after necessary measurements estimated the cubic content of the rock as 7,12,500 Cubic Metres. The lower court was of the view that the value of the granite rock should be paid for and granite rock area should not be valued on a centage basis like any other land. So holding, the value was fixed taking into account the amount claimed by the respondent for the quantity that could, as per the respondent's statement, be extracted. That is to say, the respondent's witness had stated in his deposition that 25,00,000 cubic metres of rubble could be extracted from the acquired land and for that they had claimed a value of Rs. 3,57,871/-. The quantity estimated by the Commissioner is only 7,12,500 cubic metres. This comes to only 57 of the estimate made by the claimant's