IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 LA.App..No. 736 of 2010(D) -------------------------------------- LAR.197/2008 OF III ADDITIONAL SUB COURT, ERNAKULAM .................... APPELLANT/(2ND RESPONDENT IN L.A.R.) ---------------------------------------------------------------- DEPUTY CHIEF ENGINEER (CN), SOUTHERN RAILWAY, ERNAKULAM. BY ADV. SRI.M.C.CHERIAN, SR.SC., RAILWAYS RESPONDENTS/ (CLAIMANT AND 1ST RESPONDENT IN L.A.R.) -------------------------------------------------------------------------------------------- 1. CHANDRAN, AGED NOT KNWON, S/O. NEELAKANDAN, KOLLETHUPARAMB, PONNURUNNI, VYTTILA. 2. STATE OF KERALA, REPRESENTED BY THE SPECIAL THAHASILDAR (LA), RAILWAYS, ERNAKULAM. R1 BY ADV. SRI.E.D.GEORGE. R2 BY GOVT. PLEADER SMT.T.T. JOSEPHINA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2011, ALONG WITH LAA NO.1033 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NOs.736 & 1033 of 2010 --------------------------------- Dated this the 29th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. The claimant as well as the requisitioning authority are both in appeals. LAA.No.1033/10 is the appeal preferred by the claimant wherein a sum of Rs.25,000/- is claimed towards enhancement in land value, enhancement in building value and towards compensation for injurious affection. LAA.No.736/2010 is the appeal preferred by the requisitioning authority. What is assailed therein is the land value redetermined by the Reference Court. The Reference Court has redetermined the land value at Rs.6,40,872/-. According to the requisitioning authority the above refixation is excessive. 2. We notice our own judgment in LAA.Nos.634/10 and 633/2010. Under our judgment in LAA.No.634/10 we have refixed the land value of the properties involved in that appeal which were coming in category No.I at Rs.6,75,750/- per Are. The difference between properties in category I and II was that LAA.736 & 1033 of 2010. 2 the properties in category I were enjoying direct frontage of Narayanan Asan road, while properties in category II were having only access to Narayanan Asan road. According to the award passed by the Land Acquisition Officer the value of the property in category II is 90% of the value of the properties in category I. We feel that the ratio between the value of properties in category I and II should be different. On a correct ratio the value of the properties in category II will have to be refixed at Rs.6,20,000/- per Are. Hence allowing LAA.736/10 we refix the value under acquisition at Rs.620,000/- per Are. 3. As we have already refixed the land value, the question which remains is whether any more enhancement to be granted to the appellant in LAA.No.1033/10. As rightly submitted before us by Standing Counsel for Railway there were no claim for compensation for injurious affection before the Reference Court. Hence no amount can be awarded as compensation for injurious affection. The only surviving issue is correct compensation payable for the building. Having considered the impugned judgment we feel that the learned Subordinate Judge should have awarded Rs.5000/- more to the appellant towards building value. LAA.736 & 1033 of 2010. 3 We allow to the appellant Rs.5000/- more as building value. The claimant will be entitled for all statutory benefits admissible under section 23(1A), 23(2) and 28 of the Land Acquisition Act on the refixed compensation which is getting by virtue of this judgment. LAA.No.736/10 is allowed, however without any order as to costs. LAA.No.1033/10 is allowed, however with proportionate costs. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.736 & 1033 of 2010. 4