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1973 Supreme(Ker) 152

P.SUBRAMONIAN POTI, K.BASKARAN
STATE OF KERALA – Appellant
Versus
MADHU ALIAS MADHAVI AMMA – Respondent


Judgment :-

1. These ten appeals arise from the judgments in land acquisition cases decided by the Subordinate Judge's Court, Palghat. These relate to properties acquired for the same purpose under the same notification and the cases were disposed of by the court below by a common judgment. The notification under S.3 (1) of the Kerala Land Acquisition Act was on 8-10-1963. The lands were acquired for the construction of an approach road to the Railway overbridge at Olavakkode.

2. There are several questions arising in these appeals and therefore we will deal with particular questions which are common atleast to some of these appeals, first.

3. Some of the lands acquired are paddy lands and some are dry lands which could be used as house sites. These have been considered differently by the court below and in regard to the house sites the value has been awarded on the basis of value of similar lands while in regard to paddy lands value has been awarded on the basis of capitalisation of the income from these lands. The report of the commissioner Ext. Cl has been relied on by the court below for finding out the income from the paddy lands. Though there was a contention before the court b










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