VARKEY KORA Vs. STATE OF KERALA
LAWS(KER)-1974-8-18
HIGH COURT OF KERALA
Decided on August 12,1974

VARKEY KORA Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) These appeals arise in connection with acquisition of land for the Government Medical College at Kottayam. As against the compensation of Rs. 20/- per cent allowed by the Land Acquisition Officer, the Additional Subordinate Judge, Kottayam, allowed land value at the rate of Rs. 30/-. In these appeals, the claim made by the appellant is that the rate should be enhanced to Rs. 90 per cent.
(2.) Though it is stated in the judgment that the declaration of acquisition was in May 1961, it is admitted that the acquisition was for the second stage of the Medical College, Kottayam and that it was on a later date. There were a number of cases in connection with the land acquired for the second stage of the Medical College. Appeals were filed in this court against those decisions and this court raised the land value to Rs. 90/-. (See A. S. 294 of 1968). There is no case that the land involved in these cases stands on a different footing. It is, therefore, only fair to fix the compensation at the rate, adopted in other similar cases. The value of the land in both the cases is accordingly fixed at 90/- per cent.
(3.) There is a further claim made by the appellant regarding the interest on land value. The acquisitions in these cases were under the Travancore Land Acquisition Act which allowed interest at 6% from the date of taking possession. The Trial Court omitted to notice this fact and allowed interest only at 4%. The appellant prays for an enhancement of the rate of interest.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.