SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise out of the decisions of the additional Subordinate Judge, Trivandrum, on references under S.18 of the Travancore Land Acquisition Act (Act XI of 1089) at the instance of the appellants for enhanced compensation for the lands belonging to them compulsorily acquired by the State. The appellants are the same in all the appeals and they are the plaintiffs in the several land acquisition references. The evidence for all the cases was adduced by consent in L.A.R. 162 of 1S59 and the main judgment is in that case A.S. 418 of 1962 is against the judgment in LAR. 162 of 1959.

(2.) The properties acquired by the State formed part of the properties comprised in Survey No. 2646/1 measuring 40 cents, in Survey No. 1656/1 measuring 35 cents, in Survey No. 2657/1 measuring 19 cents, in Survey No. 2658/1 measuring 25 cents, in Survey No. 2659/1 measuring 25 cents and in Survey No 2674 measuring 59 cents in Chanazhassery pakuthy, Trivandrum Taluk. The properties comprised in ail these survey numbers were lying in one block before the acquisition. 5 cents from Survey No. 2646/1, 5.450 cents from Survey No. 2656/1, 0.275 cents from survey No. 2657/1, 2.650 cents from survey No. 2658/1, 5. 750 cents from survey No. 2659/1 and 5.725 cents from Survey No. 2674 were compulsorily acquired by the State. The declaration under S.6 of the Travancore Land Acquisition Act was on 25 2 1958. The Land Acquisition Officer awarded land value at a uniform rate of Rs. 175/-per cent besides the value for the structures and trees in the properties though the claim of the appellants was at the rate of Rs. 500/-per cent. The appellants claimed before the Subordinate Judge land value at the rate of Rs. 500/-per cent. The Subordinate Judge fixed the market value for all the properties at the rate of Rs. 225/- per cent.

(3.) In the appeals also the claim of the appellants is to get compensation at the rate of Rs. 500/- per cent. Ex. D. 5 is the group sketch showing the location of the properties involved in the land acquisition proceedings and the adjacent properties. It is seen from Ex. D. 5 and it is also admitted by the State that the acquired properties are situated in a very busy part of the Trivandrum City. They are located centrally to the Trivandrum Central Railway Station, to the Thampanoor Bus Station, to the Model School and intermediate College junction and to the Sreekumar Theatre junction. It is seen that as a result of the acquisition the compact block of these survey numbers was divided into two portions.