IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 LA.App..No. 1685 of 2007() --------------------------------- LAR.4/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): (CLAIMANT IN THE L.A.R.) -------------------------------------------------- HOWA, W/O. ABDUL AZEEZ, MAMMANCHERIPARAMBU, RAILWAY STATION ROAD, EDAPPALLY P.O., ERNAKULAM, KOCHI-24. BY ADV. SRI.ANEESH CHIDAMBARAN RESPONDENT(S): RESPONDENT IN THE L.A.R. ------------------------------------------------------ 1. THE STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (L.A.), NH-NO-1, KAKKANAD, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, NH (B) DIVISION, KODUNGALLOOR. BY GOVT.PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs L.A.A. NO.1685/2007 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE SALE DOCUMENT NO.694 OF 2001 SRO EDAPPALLY. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 1685 of 2007 --------------------------------- Dated this the 8th day of August, 2011 JUDGMENT Pius C.Kuriakose ,J. The claimant is in appeal. Her land in Edappally North Village was acquired pursuant to section 4(1) notification published on 14.3.2002 for the purposes of National Highway 17. The land was included by the Land Acquisition Officer in category 5 and was awarded a land value of Rs.10,186/- per Are. The Reference Court on evaluating the evidence refixed the land value at Rs.1,53,600/- per Are, thus limiting the enhancement of land value at 51% over what was awarded by the Land Acquisition Officer. Our attention is drawn by Smt. Latha T. Thankappan, learned counsel for the appellant to various other judgments of this court approving refixation of value of property acquired for the same purpose but in different categories at Rs.70% above rate awarded by the Land Acquisition Officer. We feel having regard to the submissions addressed by the learned Government Pleader also, that there is justification for awarding the appellant further enhancement so that the appellant also gets enhancement at 70%. We hence refix the market value of land under acquisition at Rs.1,73,162/- per Are. LAA.1685/2007 2 2. Yet another claim is the claim for enhancement of compensation towards injurious affection of the unacquired land extending to 1.30 Ares. Towards this account the claim is limited to Rs.35,000/-. Having made a reappraisal of the evidence we are of the view that there is every justification for awarding Rs.25,000/- more towards the above account. We award to the appellant Rs.25,000/- more towards compensation for injurious affection. The appellant will be entitled for all statutory benefits admissible under sections 23(1A), 23(2) and 28 of the Land Acquisition Act on the enhanced land value. However on the enhanced compensation for injurious affection the appellant will be entitled only for interest under section 28. The appeal is allowed to the above extent, however, without any order as to costs. While decree is drafted the condition imposed by this court in the order for condoning the delay will be taken into account. PIUS C. KURIAKOSE,JUDGE pmn/ C.K.ABDUL REHIM,JUDGE LAA.1685/2007 3