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1971 Supreme(SC) 49

A. N. RAY, G. K. MITTER
Daisy – Appellant
Versus
State Of Kerala – Respondent


Judgment

MITTER, J.: These two appeals by certificate arise out of a common judgment of the Kerala High Court disposing of the claim for enhancement of compensation made by the appellants in respect of three plots of land acquired under the Land Acquisition Act, 1894. The High Court allowed enhancement in respect of two of the plots and the appellants before us claim further enhancement not only in respect of these two plots but also in respect of the other plot in respect of which no enhancement was allowed by the High Court.

The facts are as follows. Civil Appeal No. 1010 of 1967 relates to a plot of land numbering 67/1 A-I in Vijayapuram village in Kottayam District measuring 90.742 cents. This was the balance of Ac. 1-00 which remained with the appellant after two earlier acquisitions i.e. one of 7.770 cents and the other of 1.488 cents for construction of a railway line. Civil Appeal No. 1011 of 1967 relates to two plots one measuring 255 cents and numbering 67/1A-2 and 67/2 and the other with an area of 45 cents in No. 67/1A-4.

2. The plot 67/1A-4 abuts the main Kottayam-Kumili road. Plot 67/ 1A-1 which lies at some distance north of 67/1A-4 abuts on a road of such less importan









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