VAZHAVALAPPIL KRISHNAN Vs. SPECIAL. TAHSILDAR

JUDGEMENT

(1.) The claimants in L.A.R.No.18/2005 of the Subordinate Court, Hosdurg have filed this appeal aggrieved by the refusal of the said court to award enhanced value of compensation for the structures demolished from their property in connection with the acquisition proceedings.

(2.) An extent of 0.0216 hectare of land and the structures including residential house, well etc. comprised in Sy.No.733/1A of Perole Village were acquired for the purpose of construction of railway overbridge approach road to Pallikkara gate. The Acquisition Officer awarded a total compensation of Rs.6,99,339.00 as per the award dtd. 29/5/2004. Out of the above amount, the value of the structures was computed as Rs.4,48,105.00. In the reference, the learned Sub Judge allowed enhancement of land value @ Rs.30,000.00 per cent, but declined to award any enhanced value for the structures situated in the acquired property. The present appeal is directed against the above refusal of the Reference Court to enhance the value of the structures situated in the acquired property.

(3.) In the impugned judgment dtd. 31/8/2010 in L.A.R.No.18/2005, the learned Sub Judge observed that the claimants failed to adduce sufficient evidence in support of their claim for enhanced compensation for the structures situated in the acquired property. Referring to the commission report and valuation statement marked as Exts.A8 and A8(a), the learned Sub Judge stated in the impugned judgment that the Advocate Commissioner who was examined as AW2 was not able to throw much light upon the details of the constructions and that the claimants failed to examine the Private Engineer who assisted the Advocate Commissioner in the preparation of Exts.A8 and A8(a). It is upon the above reasoning that the learned Sub Judge declined to accept the valuation of the structures including building, ring-well etc. situated in the acquired property as Rs.8,00,000.00 as reported by the Advocate Commissioner and Private Engineer in Exts.A8 and A8(a).