STATE Vs. NARAYANA IYER

JUDGEMENT

(1.) Both these appeals relate to Land Acquisition References. A.S. 366 of 1951 is from the decision in Land Acquisition Reference No. 9 of 1123 on the file of the Kottayam District Court and A.S. No. 367 of 1951 is from the decision in Land Acquisition Reference No. 10 of 1123 on the file of that Court. The appeals are by the State. In A.S. No. 367 of 1951 the plaintiff has filed a memorandum of objections. Both the Land Acquisition References were tried together, and evidence was taken in L.A.R. No. 10 of 1123. In that case an extent of 10.08 cents in Sy. No. 665/1/39, Lalam Pakuthy, with a building thereon, was acquired by the State under S.18 of the Travancore Land Acquisition Act. LAR No. 9 of 1123 relates to 3.92 cents acquired from the same Survey number. The declarations relating to these acquisitions were in Vrischigom 1120 (November 1944). The property originally belonged to PW 9. He sold 20 cents out of it with the buildings that stood thereon to the Lalam Church under Ext. 2, dated 5.1.1115. The plot acquired in LAR No. 10 of 1123 is a portion of the property conveyed under Ext. 2. The plot acquired in the other case forms part of the portion retained by PW 9.

(2.) In LAR No. 10 of 1123 the Land Acquisition Officer awarded Rs. 1,000 for the building and Rs. 1,312 for the land at the rate of Rs. 150 per cent. The church claimed land value at Rs. 2,000 a cent. The value of the materials of the building was stated to be Rs. 7,000. Compensation was claimed under other heads also. Additional amount claimed in the District Court was Rs. 22,288/-. That court awarded Rs. 6250/- for the building and enhanced value to Rs. 400/- a cent. The space occupied by the building was not valued and for the remaining area Rs. 4,000/- was awarded as land value. The total amount awarded in LAR No. 10 of 1123 is Rs. 10,250/-. The usual solatium of 15 per cent was also allowed. In A.S. No. 367 of 1951 objection is taken by the State to the additional amount awarded by the court below, viz., Rs. 8,935-8-0 including solatium.

(3.) In LAR No. 9 of 1123 the Land Acquisition Officer awarded land value at Rs. 150/- a cent as in the other case and Rs. 9 as value of three coconut trees. The total amount awarded by the Land Acquisition Officer in that case was 597/-. The plaintiff claimed Rs. 1,000 per cent as value of the land. The District Court enhanced the value of the land to Rs. 400 a cent and awarded Rs. 1,577/- as the value of the land and trees. In A.S. No. 366 of 1951 objection is taken by the State to the additional amount awarded by the District Court, viz., Rs. 1,127/- including solatium.