REVENUE DIVISIONAL OFFICER Vs. SANKARADANU AND ORS

JUDGEMENT

(1.) In view of the fact that the same Notification has been passed in all the three appeals and also in view of the fact that the same award has been passed on the very same basis, they have been taken up together for disposal.

(2.) The lands situated in Nagercoil Village, Kanyakumari District in Survey Nos. E11/11, E11/12 and E11/21 have been acquired for the purpose of creation of Nagercoil Municipal Bus stand. The Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 14.03.1984. The Land Acquisition Officer has passed the award in Award No. 1/87-88. Challenging the same the respondents/claimants sought for reference before the Sub Court, Nagercoil seeking enhanced compensation. The Reference Court after rejecting the sale deed filed by the claimants in Ex.C1 dated 01.11.1985 has fixed the valuation based upon capitalisation method by taking into consideration of the yield for a period of 20 years. The Reference Court has fixed a sum of Rs. 5,000/- for coconut trees and another sum of Rs. 2,000/- for coconut saplings and sum of Rs. 10,000/- and Rs. 3,000/- for the wells.

(3.) The learned Additional Government Pleader submitted that the fixation based upon the capitalisation method is not proper. According to the learned Additional Government Pleader, the Court below without any basis has fixed a sum of Rs. 5,000/- for coconut trees and Rs. 2,000/- for the coconut saplings which is contrary to the basis on which the Land Acquisition Officer fixed the valuation. The Learned Additional Government Pleader further submitted that in any case the valuation cannot be fixed by taking into consideration of the yield for a period of 20 years which is also contrary to the settled principle of law. Therefore, the learned Additional Government Pleader sought for allowing of the appeal.