IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 LA.App..No. 233 of 2010(C) ------------------------------- LAR.39/2005 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANTS A & B ------------------------------------- 1. C.N. VASANTHI, W/O.C.N.NEELAKANDAN NAMBOOTHIRI, DHANWANTHIRI SADANAM, THODUPUZHA. 2. C.N. SARASWATHY, W/O. C.N. NARAYANAN NAMBOOTHIRI, DHANWANTHIRI SADANAM, THODUPUZHA. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. 2. THE MANAGER, SYNDICATE BANK, THODUPUZHA. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN (SR.) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.233 of 2010 ------------------------------------------------ Dated this the 18th day of August, 2010 JUDGMENT Pius C. Kuriakose, J The claimants are in appeal. Their property in Thodupuzha village was acquired pursuant to Section 4(1) notification published on 12/06/02 for the purpose of construction of Thodupuzha byepass (Kolani – Vengalloor road). The Land Acquisition Officer awarded land value at the rate of Rs.19,512/- per Are. The Reference Court under the impugned judgment re-fixed land value at Rs.57,733/- per Are. The claimants had claimed an amount of Rs.75,000/- as compensation for injurious affection of two plots belonging to them L. A. A. No.233 of 2010 -2- which remained unacquired. Ext.X1 is commission report recommending that the claim for compensation for injurious affection is justifiable. The court below, however, did not award any amount as compensation for injurious affection. 2. Having heard the submissions addressed before us by Sri.K.K.Chandran Pillai, the learned senior Counsel for the appellants and Smt.Latha T. Thankappan, the learned Senior Government Pleader and having taken into account various judgments passed by ourselves in respect of acquisition of land in Thodupuzha and Manakkad villages more or less at the same time pursuant to the same notification, we are of the view that the appeal should be allowed and market value should be re-fixed at Rs.50,000/- per cent. Accordingly, allowing the appeal, we re-fix the market value of L. A. A. No.233 of 2010 -3- the land at Rs.50,000/- per cent. 3. We find some genuineness in the grievance voiced by the appellant regarding the non-payment of compensation for injurious affection. Having considered the Commission Report, we feel that the appellants are eligible for at least Rs.50,000/- for compensation for injurious affection. We award to the appellants Rs.50,000/- as compensation for injurious affection. 4. The appellants will be entitled for all statutory benefits on the re-fixed compensation by virtue of this judgment. But we make it clear that the amount which is awarded towards injurious affection will not carry benefits under Section 23 (1A) and under Section 23(2) of the Land Acquisition Act. 5. The appeal is allowed, however, without L. A. A. No.233 of 2010 -4- any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-