STATE OF KERALA Vs. LUCY KOCHUVAREED

JUDGEMENT

(1.) The State of Kerala, being aggrieved by the enhancement in compensation awarded by the Land Acquisition Court, Trichur in LAR No. 136.74, has filed this appeal. The claimants have preferred cross objection.

(2.) 937.91 37/40 acres (379.5615 hectares) of land in various survey numbers in Vellayanikkara and Madakkathara villages were required by the State for the purpose of Kerala Agricultural University, the dates of publication of notification under S.3(1) of the Kerala Land Acquisition Act (for short 'the Act') being 14-7-1970 and 21-7-1970. Possession was taken on 1-5-1973. The land belonged to A party. It was in the possession of B party as lessee. The Land Acquisition Officer in his Award fixed compensation payable to A party at Rs.19,16,385.08 and payable to B party at Rs.9,58,192.54. At the instance of the claimants reference was made to the Land Acquisition Court under S.20 of the Act. The claimants contended that valuation made by the Land Acquisition Officer was too low.

(3.) Out of the land acquired, 794.09 41/80 acres consisted of yielding rubber plantation with 83551 rubber trees. The remaining extent of 143.82 88/80 acres contained 21152 immature plants, said to have been planted in the year 1965-66. The claimants put forward a claim that the land should be valued at Rs.9,500/- per acre. According to them, yielding rubber trees would be worth Rs.30/- per tree and the immature plants would be worth Rs.15/- per plant. The Land Acquisition Officer assessed the value of the yielding plantation on capitalisation basis. In assessing the market value of the yielding plantation he estimated the yield to be 190 kgs. per acre (as against the claim of 250 kg. per acre), the expenses as Rs.620/- per acre (as against the claim of Rs.550/- per acre), the price of rubber as Rs.4.75 per kg. (as against the claim of Rs.5.25 per kg.) and the multiplier as 8 1/3 times (as against the claim of 30 times). He valued the immature rubber plants at Rs.3/- per tree as against the claim of Rs.15/- per tree.