IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 LA.App..No. 2050 of 2008() -------------------------- LAR.24/2006 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR. BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENT(S): CLAIMANTS ------------------------ 1. T.K.LILLY,W/O.C.P.PAUL, CHUNGATH HOUSE, CHALAKUDY. 2. THE MANAGING DIRECTOR, R.B.D.C. KOCHI. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.2050 of 2008 ---------------------------------------------- Dated 14th November, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the State aggrieved by the fixation of land value by the reference court - Sub Court, Irinjalakkuda. The acquisition is for the purpose of construction of approach road to railway over bridge, Chalakudy. The Land Acquisition Officer fixed the land value at Rs.29,542/- per Are and the reference court fixed it at Rs.35,450/- per Are. An amount of Rs.20,000/- was also awarded towards injurious affection. It is seen that the Land Acquisition Officer placed reliance on Ext.B3 document executed on 8.11.2000. But Section 4(1) notification was published on 2.3.2003. In view of the time lag between the execution of the document and Section 4(1) notification, 20% enhancement on the value of Ext.B3 has been given in fixing the land value. It is now settled law that such enhancement is permissible in view of the progressive escalation in land value. As far as injurious affection is concerned, it is seen from the report of the Advocate Commissioner that the claimant lost access to the main property. In view of the diminution in land LAA NO.2050/08 2 value owing to the acquisition by using the road frontage, taking note of the report of the Advocate Commissioner, the amount of Rs.20,000/- was awarded. In the absence of any contra evidence, we find that the award of Rs.20,000/- for injurious affection is also perfectly justified. We find no merit in the appeal. It is accordingly dismissed. I.A.No.4561/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.2050 of 2008 ---------------------------------------------- J U D G M E N T Dated 14th November, 2008.