Supreme Court of India
State Of Kerala vs Malayalam Plantation Ltd on 12 September, 1995
Equivalent citations: AIRONLINE 1995 SC 653
Bench: K. Ramaswamy, B.P. Jeevan Reddy, B.L. Hansaria
CASE NO.: Appeal (civil) 210 of 1982 PETITIONER: STATE OF KERALA RESPONDENT: MALAYALAM PLANTATION LTD. DATE OF JUDGMENT: 12/09/1995 BENCH: K. RAMASWAMY & B.P. JEEVAN REDDY & B.L. HANSARIA JUDGMENT:
JUDGMENT 1995 (3) Suppl. SCR 572 The following Order of the Court was delivered :
Notification acquiring 8.83 hectares of land for the purpose of constructing the dam was published on January 30, 1971 under Section 19 of the Kerala Land Acquisition act, 1963. The purpose of acquisition was to extract the granite lying in the area under acquisition. The Land acquisition Officer awarded separately for granite, apart from the land where no granite is available. On a reference made to the Civil Court, a Commissioner came to be appointed, who on personal inspection noted that 7,12,500 cubic Meters granite was available in 15.77 acres of land. He assessed the rate at Rs. 1,02,493. The Reference Court accepting the report relating to the quantum of granite available, extent of the land and the value thereof, determined the land value at a sum of Rs. 17,717,59 as assessed by the Land Acquisition Officer himself, and awarded an additional compensation in a sum of Rs. 98,011.07 for the granite as well as value of the trees standing on the land. The respondent filed cross-objections and the High Court enhanced the compensation at Rs. 1,78,125.
The High Court and the Reference Court had appreciated the evidence and came to the conclusion that the compensation for the granite, as assessed by the Commissioner, would be as determined by it. We do not think that there is any error of law in assessing the evidence warranting interference.
The appeal is accordingly dismissed. No costs.
Appeal dismissed.