STATE OF KERALA Vs. K S GOVINDAN

JUDGEMENT

(1.) These appeals are from the judgment and decrees in L.A.O.Ps. Nos. 44, 45, 46, 47, 50, 52 and 69 of 1955 of the Subordinate Judges court, Kozhikode, respectively. The learned Judge who disposed of the original petitions by one judgment, enhanced the compensation. The State has therefore preferred these appeals.

(2.) The plots acquired in these cases are the sites of shop buildings given on rent by the respective owners. The acquisition was for the purpose of widening the trunk road from Calicut to Madras. The Notification under S.4 was made on 8-12-1954 and the declaration under S.6, on 15-12-1954. It is not disputed that the sites acquired were in an important part of the municipal town of Kozhikode.

(3.) The mode of valuation adopted by the Land Acquisition Officer was to assess the value of the land and the materials used for the buildings thereon. The learned Subordinate Judge held that this was not the proper method and he awarded compensation on the basis of the capitalised rental value of the buildings, the same multiple, namely, 35 being adopted in all the cases. Though the ground taken in the memorandum of appeal in each case is that the value of the land and the materials of the buildings alone should have been awarded, the learned Government Pleader who appeared for the State fairly conceded that the proper method was to capitalise the net income from rent; but according to him, the multiple adopted by the learned Judge was too high and instead of 35 years, 15 years purchase should have been awarded as compensation. The only point for decision therefore is the multiple to be used in arriving at the sum awardable as compensation.