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1974 (9) TMI 123

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..... adesh acquired a large open area with some buildings thereon by Notification, dated January 3, 1957 with a view to construct Income-tax add Central Excise Offices at Hyderabad. The contest before us is confined to the quantum of compensation and, although Shri Vasudeva Pillai, counsel for the appellants' has pressed his points with persistence, we are unable to disturb the High Court's award. The land, vast in extent, had a building with a plinth area of 3,300 sq. yds. The area in which the acquired plot is situate is perhaps an important one in the City. After getting expert valuation made of the buildings by the Central Public Works Department engineers, the Collector awarded a sum of ₹ 41,674/- for the buildings, ₹ .....

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..... an escalation in the amount of compensation and, hopefully, the owner has reached this Court with his appeal, under a certificate which he secured under Art. 133(1)(a) before the recent amendment. We mention this because we are unable to discern any substantial question of law of general importance in counsel's submissions or the points outlined in the memorandum of appeal which merits the consideration of this Court. Merely because the claim is large the judgment need not be long :and, although the appellant tried to spread the, canvas wide, we regard the points deserving of consideration-as falling within a narrow compass. The burden of the song has been that Hyderabad has, for historical reasons, become a great city and that the .....

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..... ation of any big potential value based on the unique features of the land. On the other hand, the totality of factors was duly considered by the High Court when it observed : Having regard to the physical features of the property, its situation in an important locality and the price paid for a small extent of level ground acquired for the Telephone Exchange which is at a distance of about half a mile from the property acquired, we hold that the compensation awarded by the Court below at ₹ 20/- per square yard for the 2042 square yards constituting the 50 wide belt and at ₹ 10/- per square yard for the rest is fair and reasonable. We see no error in this evaluation. It is true that the Court has adopted a higher va .....

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..... r capitalization has been prejudicially low, Exhibit A-7, the notification produced by the appellant, itself shows that around the middle of 1957 the rate of interest allowed on Government Securities at the relevant time ranged between 31 and 4%. The Curt accepted 3-3/4 % as interest on giltedged securities instead of 4%, thus giving Some advantage to the appellant and there is no warrant for the contention that the interest on Government bonds was 3% at the relevant time. The appellant apparently has sought to misread Ex.A- 7. We are satisfied with the valuation of the rented portion of the house adopted by the High Court is correct. Shri Pillai argued in vain for an augmentation of the value on the potential user of the plot for a Cine .....

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