STATE OF KERALA Vs. PAILY MANI

JUDGEMENT

(1.) All the above cases were heard as a batch since there are some common features as between them. The lands involved in all the cases were acquired by Government for Periyar Valley Irrigation Project. The lands are situate adjacent to each other. Both the Land Acquisition Officer and the Reference Court adopted the method of capitalisation of annual net income derived from the improvements made in the land as for assessing the land value. The State has filed these appeals as the market value assessed by the reference court was far higher than the value fixed by the Land Acquisition Officer.

(2.) Notification under S.3(1) of the Kerala Land Acquisition Act (corresponding to S.4(1) of the Land Acquisition (Central) Act (for short 'the Act') was issued in respect of all these cases on 18-9-1978, except in one case i.e. L.A.A.No. 185/85 (which arose from L.A.R.No.427/82) in which the notification was issued on 10-10-1978. The date of award in all the cases was 5-4-1980. However, possession was taken by the Government on different dates (in L. A. A.No. 185/85 possession was taken on 7-3-1980 in L.A.A. Nos.193/85, 177/85 and 195/85 possession was taken on 7-4-1980 whereas in L.A.A.No. 196/85, possession was taken on 15-5-1980).

(3.) Different methods are seen followed in ascertaining market value of the land when acquired for public purposes. The land value must be fixed as on the date of the notification issued under S.4(1) of the Act. The opinion of experts, or the price paid in a bona fide transaction of the land acquired within a reasonable proximity of time or prices paid for lands situated near to the acquired land possessing similar advantages are some of the general guidance for ascertaining the land value. If there is nonavailability of materials to follow any such mode the method of capitalising the actual profits from the land or the rent of a number of years' purchase would be resorted to. However, this last method is resorted to only as a last alternative when other modes fail.