SHASIKALA Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THE claimant is in appeal. Her property, part of an arecanut garden, extending to 15 cents was acquired for the purpose of construction of Kalliga Bridge and its approach road at Vidya Nagar - Mudipur Road. For seven and half cents, she was awarded land value at the rate of Rs.890/- per cent. Reminder portion was given value by adopting the method of capitalisation of income from the arecanut trees. Total amount of Rs.64,033/- was awarded to the reminder portion.

(2.) BEFORE the Reference Court, no evidence was adduced by the appellant to support the claim for enhancement in the land value. But for enhanced value claimed towards improvements, the arecanut trees, reliance was placed mostly on Ext.C2 commission report. The commissioner had recommended a total sum of Rs.3,38,660/-. The court below was not impressed by the commissioner's report at all. What the court below did was to apply rule of thumb and enhance the total compensation in terms of the land value as well as in terms of improvements value by 10%.

(3.) THE result therefore is as follows;