IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 LA.App..No. 944 of 2008() ------------------------- LAR.190/2004 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT(S): CLAIMANT ---------------------- JOSEPH THOMAS, KADAPPURAM, MANJOOR VILLAGE, VAIKOM TALUK. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.SAJU JOHN RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.944 OF 2008 ------------------------ Dated this the 29th day of July, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal preferred by the claimant and he has voiced several grievances through the memorandum of appeal. First grievance is that the court below, despite having found that the property under acquisition is eligible to be included in category-2, did not grant the value which was given to the properties in L.A.R.210/2004 and awarded land value only at the rate of Rs.29,520/-. On going through the impugned judgment, what we find is that the property under acquisition was superior to the properties in category-3, but slightly inferior to the properties in category-2. We, therefore, refix the value of the land under acquisition at Rs.27,780/- per Are. The ground which is next raised by the appellant is that the court below was very miserly in awarding compensation for injurious affection. It was submitted on the basis of the advocate commissioner's report and the sketch submitted by the commissioner that an extent of 29.83 cents from out of the remainder property of the appellant LAA.No.944/2008 2 has been rendered without any road accessibility. The only accesses to that portion is through two feet wide concrete bridge constructed across the canal. On going through the impugned judgment, we find that the court below also has found that the remainder portion of the acquired property extending to 29.83 cents has been injuriously affected. The court below has only awarded a lump sum of Rs.15,000/- towards compensation for injurious affection. Approach of the learned Subordinate Judge , in our opinion, was incorrect. Injurious affection is compensation to be awarded in respect of the unacquired property and whenever that is awarded, it should be on the basis of extent of diminution in the value of the unacquired property. Having regard to the commission report and the sketch submitted by the commissioner, we are of the view that the percentage of diminution sustained by the unacquired property should be atleast 6%. Calculating that way, it would be seen that the appellant is entitled for an additional compensation towards injurious affection over and above what is awarded by the reference court at Rs.35,000/-. So also we feel that the court below was very miserly in awarding compensation for the LAA.No.944/2008 3 compound wall constructed by the appellant for preserving his residential house. The commission report give some support to the claim of the appellant in this regard. We feel that over and above the sum of Rs.15,000/- now awarded by the land acquisition reference court, a further sum of Rs.7,500/- ought to be awarded towards compensation for compound wall constructed by the appellant. We award that amount also. 2. It is made clear that the appellant will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of our refixation of land value, compensation for injurious affection and compensation towards construction of compound wall admissible under Section 23 (1A), 23 (2) and Section 28 of the Act . The appeal will stand allowed to the above extent. But, in the circumstances without any order as to costs. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk