IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 LA.App..No. 627 of 2001() ------------------------- LAR.484/1997 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): ADDITIONAL CLAIMANTS -------------- 1. MARY STEPHEN W/O STEPHEN , CHIRAKKAL VEEDU KIDANGOOR, THURAVOOR VILLAGE 2. JOSE C.S S/O STEPHEN, DO. DO. 3. PAUL STEPHEN S/O STEPHEN, DO. DO. 4. THOMAS STEPHEN S/O STEPHEN, DO. DO. 5. ANNIS PAUL D/O STEPHEN, DO. DO 6. ALPHONSA SKARIA D/O STEPHEN, DO. DO. 7. MERCY STEPHEN D/O STEPHEN, DO. DO. 8. GEORGE STEPHEN S/O STEPHEN, DO. DO. 9. SEBASTIAN S/O STEPHEN, DO. DO. 10. CELINE BENNY S/O STEPHEN, DO. DO. LAA.NO.627/01 11. ANTU STEPHEN S/O STEPHEN, DO. DO. BY ADV. SRI.P.KESAVAN NAIR SRI.K.P.JOHNSON RESPONDENT(S): RESPONDENT ------------------------ STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, ERNAKULAM BY GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 627 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2009 JUDGMENT Pius.C.Kuriakose, J. The claimant being aggrieved by the award of the reference court has preferred this appeal. An extent of 11.85 Ares from out of a total extent of 54.70 Ares belonging to him in Thuravoor village situated north of Vengoor-Manjapra road was acquired for the purpose of Idamalayar Irrigation project. The relevant Section 4(1) notification was published on 24-08-1992 and the land acquisition officer awarded land value at the rate of RS. 6000/- per Are. The reference court under the impugned judgment refixed the land value at Rs. 7680/- per Are. The appellant does not have any grievance regarding refixation of the market value by the reference court. Appellant's grievance is that his claim for compensation for injurious affection of the remainder extent of the property due to the acquisition has not been upheld. The grievance in this context was that due to the acquisition, the remainder extent has been deprived of the frontage of Vengoor-Manjapra road. LAA.No.627/01 2 He did take out a commission for getting data regarding this grievance. The Commissioner reported that the remainder extent has been injuriously affected, but did not give any report as to what extent the value of the remainder property has been affected. Interestingly, the Commissioner did not even report regarding the exact extent of the remainder property which is affected by the acquisition. The learned Subordinate Judge under the impugned judgment has turned down the appellant's claim for compensation for injurious affection on two reasons. The first reason was that the Commissioner has not reported the exact extent of the property affected due to the acquisition. The second reason was that the claimant's contention that his remainder property has been deprived of road access is not correct since inspite of the acquisition the remainder property continues to have access through an 8 feet wide pathway. 2. We have heard Sri.P.Kesavan Nair, learned counsel for the appellant and Sri.Basant Balaji, learned senior Government Pleader. Sri.Kesavan Nair submitted that the claim for compensation for injurious affection was made mainly on the reason that the property LAA.No.627/01 3 was previously enjoying the frontage of Manjapra-Vengoor road and after the acquisition the frontage of that road has been deprived of for the remainder property. Access through 8 feet wide pathway was always there. When the property which was enjoying the frontage of a main road is deprived of that main road frontage, it is only natural that the value of that property become reduced. Sri.Kesavan Nair further submitted that it was not fair on the part of the learned Subordinate Judge to have declined the claim of the appellant on the reason that the Commissioner has not reported about the extent of the property. The extent of the property could easily be calculated from the Mahazer prepared by the Commissioner. At any rate the appellant had filed an application for issuance of a fresh commission which was dismissed by the learned Subordinate Judge. Sri.Basant Balaji would support the impugned judgment on the various reasons stated therein. 3. Having considered the submissions addressed at the Bar, we feel that there is justification for granting opportunity to the appellant for substantiating his claim for injurious affection for the balance extent of property remaining with the appellant after LAA.No.627/01 4 acquisition. Therefore we set aside the judgment and decree under appeal to the extent it relates to the appellant's claim for compensation for injurious affection and remand the LAR back to the reference court. That court will permit the appellant to take out a commission, if he so desires and also permit him to adduce whatever evidence he wants to for substantiating his claim for compensation for injurious affection of the remainder property. The award of the reference court relating to the award of market value is confirmed and modified as indicated as above. The appellant has a grievance that statutory interest at the rates mentioned in Section 28 has not been allowed on the solatium component of the total compensation awarded under the impugned judgment. It is settled by the judgment of Supreme Court in Sunder v. Union of India (2001(3)KLT 489(SC) and subsequent decisions of the Supreme Court that solatium component being part of the total compensation will also carry interest at the statutory rates of 9% and 15% respectively. The appeal is allowed to the above extent. The parties will suffer LAA.No.627/01 5 their costs. Since we feel that the remand is necessitated not due to the fault of the appellant, Registry will refund the full court fee paid on the appeal memo to the counsel for the appellant. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.627/01 6