IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 LA.App..No. 146 of 2002() ------------------------- LAR.262/1992 of SUB COURT, MAVELIKKARA .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR RESPONDENTS: CLAIMANT --------------------- 1. SUDHARMA, SANTHI BHAVANAM,ERUMAKUZHY, PALAMEL. 2. KALYANIKUTTY, PUTHENPURACKAL VADAKETHIL,NOORANADU VILALGE. 3. KAVITHA DEVI, (MINOR) SANTHIBHAVANAM, ERUMAKUZHY,PALAMEL VILLAGE BY ADV. SRI.R.KRISHNA RAJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.146 of 2002 ----------------------------------------- Dated this the 13th day of February, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed against the judgment and decree in L.A.R.No.262/1992 on the file of the Sub Court, Mavelikkara. The acquisition is for the purpose of Kallada Irrigation Project. The learned Government Pleader submits that the reference court erred in granting compensation for value of structure and also compensation for injurious affection. It is seen from the judgment that the compensation awarded is based on the evidence available on record, particularly the report of the Advocate Commissioner. In fact only 10% of the value has been fixed as compensation for injurious affection. In the absence of any contra evidence we do not find any merits in the appeal. It is accordingly dismissed. I.A.No.1346/2003 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.146 of 2002 ---------------------------- JUDGMENT 13th February, 2008