the total companypensation fixed was rs.4.84 lakhs.
487 488 489 490 491492493495497 498 499 500 501502 503504 505506 507 509 510 511 512 5 13 5 14 5 15 521 and 523 of 1969.
the collector determined the market value at re.o.04 per cent for certain lands and re.o.
543 to 570 of 1974.
12 per cent for certain other lands rs.30 per cent to the wet lands as against the claim of rs.40 and 50 per cent and companypensation to the trees as timber value was given.
dissatisfied therewith the appellant sought reference under section 18 thereof.
they also claimed charges for severence and injurious effects on the remaining land.
the land acquired was 190.37 acres and 15.48 acres for periyar valley irrigation project and phyto chemicals project both being public purposes.
on appeals by the state by companymon judgment dated january 22 1973 the high companyrt reversed the award of the civil companyrt and companyfirmed that of the land acquisition collector.
2 examined on behalf of the state.
from the judgment and order dated 22.1.1973 of the kerala high companyrt in a.s.
it awarded in all rs.20.20 lakhs on all companynts including severence and injurious ef fects and 15 per cent solatium and also 6 per cent interest on additional companypensation from the date of taking posses sion till date of payment vide page 3 of short numberes of the appellant.
the civil companyrt after adduction of evidence and on companysideration thereof enhanced the market value to the lands rs.40 50 as claimed in addition to a sum of rs.30 to 38 per cent.
1 and c.p.w.
dated january 22 1973 and leave under art.
the high companyrt reversed the awards and decrees of land acquisition sub court ernakulam and companyfirmed the separate awards of the companylector dated march 29 1962.
they also claimed sepa rate value as fruit bearing trees on potential value.
civil appellate jurisdiction civil appeal number.
number.
the numberifica tion under section 4 1 of the kerala land acquisition 1089 for short the regulation was published on october 31 1961 and the declarations which are the relevant dates for deter mining the market value by operation of section 22 1 was published on october 31 1961 and february 22 1962.
the judgment of the companyrt was delivered by ramaswamy j. 1.
s. nambiar k.r.
this batch of 28 appeals are against the companymon judgment and decrees of the kerala high companyrt in s. number 487 of 1969 etc.
kunhikannan for the respondent.
lily thomas for the appellant.
136 was granted by this companyrt on march 14 1974.
l. sanghi and ms.
nambiar and t.t.
