IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 LA.App..No. 783 of 2008( & C.O. No. 101/09 ------------------------- LAR.125/1999 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA. SR. BY GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT ----------------------- M.PARAMESWARAN PILLAI, T.C.20/1952, KAMALA BHAVAN, KARAMANA. ADV. SRI.R.MANOJ THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No.783 of 2008 & C.O. No. 101 of 2009 ---------------------------------------------------- Dated this the 19th day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. The learned counsel for the cross objector seeks leave to withdraw from the cross objection. Leave is granted. Cross objection is dismissed as withdrawn. Since only one- third of the court fee is remitted, the same will not be refunded. 2. The Government is in appeal in this case which pertains to acquisition of land for the purpose of bridge across Karamana River as per Section 4(1) notification published on 17-8-1998. The LAO awarded land value at the rate of Rs.95,087/- per Are which was enhanced by the reference Court under the impugned judgment to Rs.3 lakhs per Are. Apart from that, the learned Sub Judge awarded a total amount of Rs.80,000/- as compensation for injurious affection of an extent of 2.50 Ares which was reduced on LAA. No. 783 of 2008 -2- account of the acquisition to a triangular shape. In the appeal preferred by the Government, the enhancement granted by the court is described as highly exorbitant. 3. Smt. Latha T.Thankappan, learned senior Govt. Pleader addressed us strenuously on the various grounds raised. Her submissions were opposed by Smt. Jayasree, learned counsel for the respondent. Smt. Latha T.Thankappan drew our attention to the judgment of this Court in LAA. No. 177/08 under which this court had re- fixed the value of land included in category -A at Rs.2,85,000/- per Are by reducing the enhancement from Rs.3 lakhs per Are. Even though Smt.Jayasree endeavoured to sustain the enhancement by arguing that the property was eligible to be included in category - A we are not impressed. The judgment of this Court in LAA. No. 177/08 cannot be ignored. 4. Taking that judgment into account and taking the LAA. No. 783 of 2008 -3- view that the ratio fixed by the LA Officer between the values of A and B categories is not fully correct, the appeal is allowed to the extent of re-fixing the market value of the land at Rs.2,60,000/- per Are. In all other respects the impugned judgment is confirmed. Needless to mention that the respondent will be entitled for all statutory benefits on the total amount to which he becomes eligible by virtue of this judgment. The parties are directed to suffer their respective costs. It is clarified that the compensation which is awarded towards injurious affection will not carry the benefits under Section 23(2) and 23(1A) of the L.A. Act. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-