SATHEESHKUMAR Vs. SPL TAHSILDAR LA

JUDGEMENT

(1.) THIS appeal is directed questioning the judgment in L. A. R. No. 3/91 of Sub Court, ottapalam. RespondentState acquired 0. 0199 hectares of garden land comprised in Sy. No. 20/14 of Ottapalam Taluk belonging to the claimant for the construction of Coaxial Station and staff quarters. The notification under S. 4 (1) of the Land Acquisition Act was published in the kerala Gazette on 18. 07. 1988. The Land Acquisition Officer in Award No. 1/90 fixed the value of the land at Rs. 4. 054/- per Are equivalent to Rs. 2000/- per cent including the improvements and the value of the building at Rs. 18,050. The claimant-appellant claimed Rs. 10. 000/- per cent and Rs. 50. 000/-for the building.

(2.) THE reference Court, on examining the documents Exts. A1 to A5, Ext. R1, Exts. C1, C2 and also the evidence of the claimant, the commissioner and RW1, enhanced the land value to Rs. 4. 000/- per cent and accepted the value of the building at Rs. 18. 050/- as per the award of the Land acquisition Officer. Now, the learned counsel appearing for the appellant would contend that Exts. Alto A5 documents are sufficient to enhance the value of the land at Rs. 10. 000/- per cent and evidence of the Commissioner as AW. 2 and also his report and plan marked as Exts. C1 and C2 are also sufficient to fix the value of the building at Rs. 50. 000/ -.

(3.) SO far as the value fixed for the building is concerned, there is serious dispute as between the parties as adverted to above. The reference court has adopted the value of the building at Rs. 18,050/- as fixed by the Land Acquisition Officer. The learned counsel for the appellant would contend that the Commissioner who has been examined as AW. 2 and his report and plan marked as Exts. C1 and C2 are sufficient to fix the value of the building at Rs. 40. 900/ -. According to the learned counsel advocates are also appointed as Commissioners under O. XXVI R. 9 CPC for the purpose of estimating the value of the buildings in dispute and such application commissioner in case of finding difficulty in fixing the value of the entire building or any portion of the building, will seek the assistance of an expert like an Engineer. But when they are capable of fixing reasonable and fair price of the building within their common knowledge, they will not seek the assistance of an Engineer and in such cases their reports can be acted upon by the Courts when they satisfy mind of the Courts. In the instant case, the commissioner in fixing the value of the building at Rs. 40,900/- has examined the value of each article, labour charges, etc. used for the construction.