IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 LA.App..No. 947 of 2008() ------------------------- LAR.333/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA) RAILWAYS, ERNAKULAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENT(S): CLAIMANTS ------------------------ 1. RAJI V.K., VELIKKAKATHU HOUSE, PONNURUNNY, KOCHI - 18. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. ADV. SRI.E.D.GEORGE FOR R1 SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.No.947 of 2008 & C.O.No.82 of 2008 ----------------------------------------- Dated this the 6th day of November, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the State aggrieved by the fixation of land value by the reference court, namely, Sub Court, Ernakulam. The acquisition is for the purpose of Railways. It has come out in evidence that the property is situated 300 metres away from the National Highway Bypass and around 600 metres away from the Vyttila Junction. The reference court, placing reliance on L.A.R.No.275/2006, fixed land value at Rs.2,63,829/- per are. The land value fixed in L.A.R.No.275/2006 has become final. 2. The cross objector has a contention that no compensation whatsoever has been granted for the injurious affection as far as the balance of the acquired property is concerned. Here the total extent is only 0.89 are, of which 0.77 are has been acquired. It is seen from the sketch that a small parcel of land extending to 0.12 ares has been left un-acquired L.A.A.No.947 of 2008 & C.O.No.82 of 2008 -:2:- and the same is in irregular shape. Though the claimant had raised a claim for Rs.25,000/- for injurious affection, it is seen that the contention of the claimant has not been specifically adverted to in the judgment. What is considered is the case of other claimants in whose property there was a building and who had in fact objected to the acquisition of the entire property. Having gone through the sketch and the other records we find that the cross objector is entitled to the injurious affection since a small parcel of land in an irregular shape has been left out after the acquisition. What is claimed is only Rs.25,000/-. Therefore, the appeal is dismissed. The cross objection is allowed. The cross objector shall be entitled to a further compensation to the tune of Rs.25,000/- along with all eligible and statutory benefits. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.No.947 of 2008 & C.O.No.82 of 2008 ---------------------------- JUDGMENT 6th November 2008