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1956 (7) TMI 54 - HC - Indian Laws

Issues:
1. Amount payable as compensation under the Land Acquisition Act for properties near Sayyaji Rao Road in Mysore.

Analysis:

Issue 1: Amount payable as compensation

The judgment involves two appeals under the Land Acquisition Act concerning the determination of compensation for properties near Sayyaji Rao Road in Mysore. The first appeal pertains to a residential building numbered 83/1, which was used as a godown and valued at &8377; 925. The ground value was increased to &8377; 10 per square yard, a decision upheld by the court. The second appeal concerns shops numbered 77 to 83, with rent realization of &8377; 150 and a disputed rent of &8377; 20. The court capitalized the rent, valued land and building separately, and considered the rental method as a basis for valuation. The claimant contended for a higher rent estimate of &8377; 20, which was raised by &8377; 5 to &8377; 165 per month. After deductions for taxes and repairs, the annual rent was calculated at &8377; 1485, leading to a compensation amount of &8377; 26,730 for 18 years, with the appellant entitled to 5/6th share. The court modified the lower court's order and awarded 5/6th of &8377; 26,730 as compensation in one appeal, with statutory allowances and interest. The cross-objections in both appeals were dismissed, with a three-month payment deadline.

Conclusion:

The judgment provides a detailed analysis of the valuation methods employed in determining compensation under the Land Acquisition Act for properties in Mysore. It emphasizes the importance of considering market value, rental income, and the condition of the property in assessing compensation. The court's decision reflects a thorough evaluation of the evidence presented and ensures a fair and equitable resolution for the parties involved.

 

 

 

 

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