STATE OF KERALA Vs. GEEVARGHESE KATHANAR

JUDGEMENT

(1.) All these are appeals by the State of Kerala against decisions of the Sub Judge's Court, Ernakulam in 6 Land Acquisition reference cases. The reference court has enhanced the amount of compensation payable in respect of lands acquired. Such enhancements by the court below are challenged in all these appeals.

(2.) Before proceeding to state the facts of each of these cases we may summarise the contentions raised by learned counsel for the State in these appeals by way of objection to the enhancement of land value. There are mainly six points raised by the learned Government Pleader. Our answers to these six points must answer the various questions raised and therefore we propose to refer to the facts of each one of the cases after we answer the six, points.

(3.) The points that arise are: (1) was the Court below right in determining the market value on the basis of adding to the market value of the basic land based on its extent the capitalised value of trees standing on such land (2) Even adopting the method of capitalisation in determining the market value of the land was the court below right in adopting 20 years income for capitalisation to determine market value. (3) When the Land Acquisition Officer himself has adopted the method of valuing the land on the basis of its extent and adding to it the capitalised value of the trees could the State object to enhancement based on the same method. (4) The income from trees like jack trees and mango trees and the income from lemon grass oil has been taken into account in determining the capitalised value for the purpose of determining the land value. Is that proper (5) In A.S.199 of 1974 the capitalised value of the land has been determined on the basis of income from the trees inclusive of rubber trees. There was no method adopted to determine the income from the trees in that land Such income has been determined on the basis of a commissioner's report in another case and that commissioner's report itself is not based upon any test tapping or other method. Should the commission report be acted upon for assessing the income from rubber trees (6) In A. S.47 of 1974, 225 of 1974 and 33 of 1974 value of each of the rubber trees is estimated at Rs.100/- and that is based on the judgment in L.A.R 616 of 1967. Should that judgment be adopted as basis for determination of the income and value of rubber trees in the acquired land