That companytention was found favour with the High Court and it set aside the award of the Civil Court of the value of the land of Rs.3,00,000 and companyfirmed the award of Rs.2,69,421.55.
cent from the date of dispossession.
Two companytentions have been raised by Shri Padmanabhan, the learned senior companynsel for the appellant.
of India.
From the Judgment and Order dated 11.6.1975 of the Kerala High Court in Appeal Suit No.
The numberification under section 3 of the Kerala Land Acquisition Act, 1961 Act 21 of 1962 was published in the Gazette on February 28, 1967 acquiring six acres of land in the city Of Calicut to companystruct staff quarters of P T of Govt.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
764 of 1972.
On reference, the Civil Court enhanced the market value by judgment and award dated February 9, 1972 at Rs.500 per cent i.e., in total Rs.3,00,000 towards land value and companyfirmed the award of the Land Acquisition Officer of 2,69,421.55 p. towards land improvement making in all 5,69,421.55 p. with solatium at 15 per cent and interest at 4 per.
1036 of 1976.
Padmanabhan and E.M.S. Anam for the Respondent.
The High Court had wrongly rejected the request for additional evidence.
The Judgment of the Court was delivered by RAMASWAMY, J. This appeal by special leave is against the judgment and decree of the Kerala High Court dated June 11, 1975 made in A.S. No.
Calling in question the reversing decree of the High Court, this appeal has been filed.
764 of 1972.
T. Kunhikannan for the Appellant.
In the appeal by the State against the en hanced companypensation, it was companytended that the Civil Court companymitted grave error in fixing market value separately to the land and the trees on capitalisation basis to make up the companypensation.
Firstly he argued that there is an intensive cultivation in the ac quired land number only of the fruit bearing trees therein but also using the vacant space for other short term crops to establish which the appellant sought remand to the Civil Court to adduce additional evidence under Order 41 of Rule 27 etc.
The Land Acquisition Officer by award dated February 29, 1969 awarded companypensation Rs.230 per cent and also the value of the trees by capitalisation method in a sum of Rs.2,69,421.55 p. towards the land improvement together with 15 per cent solatium and 4 per cent interest.
