K P VIVEKANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimant is in appeal. His land in Mangad Village of Kollam District was acquired for the purpose of National Highway. He was awarded land value at the rate of Rs.12,415/- per Are. He was awarded building value for building having door No.56/11 at Rs.94,779/-. THEre were two coconut trees in the property and for those trees he was awarded Rs.1000/-. Before the reference court he had claimed enhancement in land value, building value and value of the coconut trees. He had a further claim for "injurious affection" on the reason that conduct of an oil mill he used to conduct previously had become impossible as the portion where the mill building was situated was acquired. THE court below would refix land value at Rs.24,700/- per Are on the basis of the evidence adduced by the parties. Before the court below the appellant gave evidence to the effect that there were two buildings on the lands which were acquired. THE court below was not very much impressed by the oral evidence adduced by the party regarding the number of buildings which existed on the lands acquired. THE court did not award any enhancement towards the building value. THE claim for injurious affection also was not favourably considered. No enhancement was granted by the court below towards the value of the coconut trees.

(2.) IN this appeal several grounds are raised assailing the judgment of the reference court. We have heard Sri.P.C.Chacko, learned counsel for the appellant and Smt. Latha T.Thankappan, learned senior Govt. Pleader.