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1991 Supreme(SC) 396

K.RAMASWAMY, N.M.KASLIWAL
Koyappathodi M. Ayisha Umma – Appellant
Versus
State Of Kerala – Respondent


Advocates:
E.M.S.ANAM, S.Padmanabhan, T.T.KUNHIKANNAN

JUDGMENT

K. 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. 764 of 1972. The notification 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 construct staff quarters of P & T of Govt. of India. The Land Acquisition Officer by award dated February 29, 1969 awarded compensation .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. 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 confirmed 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 cent. from the date of dispossession. In the appeal by the State against the enhanced compensation, it was contended that the Civil Court committed grave er
















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