LAND ACQUISITION OFFICER MALAPURAM Vs. MANAVIKRAMAN THIRUMULPAD

JUDGEMENT

(1.) THIS is an appeal from a decision of the learned additional Subordinate Judge, Kozhikode , in the matter of a reference made by the Land Acquisition Officer, Malappuram under S. 19 of the Land Acquisition Act (I of 1894 ). The acquired land is in Nilambur Amsom, it measured 2 acres 7 cents and the acquisition was for a metal quarry for the public Works Department. The plot consisted mainly of a big granite rock, but there were also a few trees on it. The Land Acquisition Authorities awarded a total compensation of Rs. 2180/1/6, inclusive of the usual solatium of 15%. The land value fixed came to Rs. 1075-4-9, the value of improvements (trees standing on the property) to Rs. 820- 7-0 and the 15% solatium to Rs. 284-5-9. The market value of the land was ascertained by capitalizing the annual out put of metal (granite) at twenty year's purchase. Dissatisfied with the award made by the Land Acquisition Authorities, the land owner made an application to them under S. 18 of the Land Acquisition Act for referring to the civil court the question of fixing proper compensation. The learned Additional Subordinate Judge before whom the reference came up for hearing and disposal enhanced the land value to rs. 5585-4-6. The value for improvements was left untouched. Together with the solatium of 15%, the compensation fixed by the learned judge came to Rs. 7366-8-0. Interest was awarded on the enhanced compensation awarded by him at 6% per annum from the date of dispossession till realisation. The State has preferred this appeal against the enhanced compensation awarded by the lower court.

(2.) IN arriving at the value of Rs. 5585-4-6 for the acquired land the learned judge found that the annual output of granite metal would be much higher than what the Land Acquisition Authorities had estimated and that the proper value of one unit (100 cubic feet) of metal would be Rupee 1/-and not Annas 5/- as fixed by the Land Acquisition Authorities. During the course of the enquiry before the lower court a Commissioner was deputed to inspect the quarry to find out its yielding capacity and it was on the basis of the report furnished by the Commissioner that the learned judge found that the annual output would be far larger than what the Acquisition Authorities had found. While the latter fixed the annual output at 300 units, the Commissioner found that it would easily come to 487 units. The learned judge accepted the commissioner's figure. The enhanced value of the metal was based on a large volume of documentary evidence furnished by the claimant. The case put forward by the State that though one unit of metal might fetch a market price of Re. 1/-, annas 11/- out of it would go to the State as seigniorage was negatived by the learned Judge. Before him the State besides maintaining that the value awarded by the Land Acquisition Authorities was proper also raised a preliminary point that inasmuch as in answer to the notice issued to the claimant under S. 9 of the Land Acquisition Act he had specified the amount of compensation he was entitled to receive, he could not claim or be allowed anything more than what he had claimed there. The learned judge repelled this objection as well. The memorandum of appeal filed in this court challenges all the findings arrived at by the learned judge.

(3.) PARTICULARS of the claim are then appended in several sub-paras and those particulars may also be extracted here: "particulars of claim to compensation: (a) The market value of the land at the date of the publication of the notification under S. 4 sub-section (1) was not less than Rs. 1000 per acre. The site is within a mile of the Nilambur Vazhikadavu Road . (b) The land concerned is partially granite rock. This claimant used to grant licences to quarry metal from similar lands. (c) Taking as basis the usual rate per 190 cubic feet of metal and the very large yield which could be expected, spread over for a many years, the land is of considerable value. (b) The claimant's earning of a steady income year by year for a long period of years would cease if the land is taken away from him"