STATE OF KERALA Vs. PURUSHOTHAMAN

JUDGEMENT

(1.) This appeal in a land acquisition matter by the State highlights the question as to how a building should be valued.

(2.) L A.R. 13/73 before the Principal Sub Judge, Alleppey was a reference for enhancement of compensation in respect of 3.28 Ares of land with improvements therein in Sy. No. 213/13 2 1 in Aroor Village, Shertallai Taluk. The acquisition was for the purpose of widening the National Highway passing through the place.

(3.) The Land Acquisition Officer valued the land at the rate of Rs. 1700/- per Are and the total value of land has thus come to Rs. 5576/-. The value of trees there was fixed at Rs. 94/- The officer valued the building and other structures at Rs. 12692 30. Together with solatium of 15% and the shifting charges the total value would come to Rs. 21302.10. The owner claimed compensation for the land at Rs. 1250 per cent. He claimed the value of the building at Rs. 70,000/- and the value of trees at Rs. 1500/-. According to the land owner in the building in the property there were 4 rooms fetching rent at R.20/-, 251- 17/- and 13/-; the total rental would come to Rs. 75/- per month. On the remaining area another building was constructed in 1968 for the conduct of a lodging and hotel. It contains a large ball, a kitchen with chimney, two big store rooms, 7 rooms for lodgers bath room latrine, urinal and such conveniences. The whole building was electrified and the ceiling was of hard board. The ball and kitchen constituting the hotel area will fetch a rental of Rs. 225/-. It is also alleged that the lodging fetched a rental of Rs. 350/-per month.