9911796707
TMI Blog1968 (3) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... t. together with a building standing thereon used for business purposes. Notification under S. 6 of the Act was issued on December 12, 1954, and possession of the land was taken soon thereafter. The Receiver of Patinhare Kovilakam Estate held T.S. No. 298/2 in Jenmi right. The respondent in this appeal held in that land the rights of a Kanamdar under a deed dated March 27, 1954. The buildings constructed on the land belonged to the respondent and were let out to tenants at an aggregate monthly rent of ₹ 332.50. The Land Acquisition Officer determined the compensation payable to the persons interested at the rate of ₹ 10,000/- per acre for the land, and for the houses standing thereon at their break-up value?. In a reference ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the land and the buildings and the method adopted by the Land Acquisition Officer was in the circumstances the only appropriate method; and (2) that the rate of capitalization was unduly high. In our judgment, there is no force in either, of the contentions. Where land-which expression includes by s. 3(a) of the Act benefits to arise out, of land and things attached to the earth or fastened to anything attached to the earth-is notified for acquisition, it is notified as a single unit whatever may be the interests which the owners thereof may have therein. The purpose of acquisition is to acquire all interests which clog the right of the Government to full ownership of the land, i.e. when land is notified for acquisition, the Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpensation awarded to him. Again the respondent was @e holder of kanam rights in the land, and the buildings on the land belonged to him The, respondent being Kanamdar, he had an interest in T.S. No. 298/ 2, and as Kanamdar the respondent was entitled to apportionment of compensation even in respect of the land. We agree with the trial court and the High Court that the method adopted by the Land Acquisition Officer for determining compensation payable for extinction of the interest of the holder of the land and the buildings separate was unwarranted. In deter mining compensation payable in respect of land with buildings, compensation cannot be determined' by ascertaining the value of the land and the break-up value of the building ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... willing purchaser would form a reliable guide for determining the market value. The value which a willing vendor might reasonably expect to receive from a willing Purchaser in respect of a house generally depends upon a variety of circumstances including the nature of the constrauction, 'its age, situation, the amenities available, its special, advantages and a host of other circumstances. When the property sold is land with building, it is often difficult to secure reliable evidence of instances of sale of similar lands with buildings proximaye in time to the date of the notification under s 4. Therefore the method which is generally resorted to in determining the value 'of the land with buildings especially those used for busines ..... X X X X Extracts X X X X X X X X Extracts X X X X
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