IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 LA.App..No. 605 of 2011(A) ------------------------------- LAR.137/09 OF III ADDL. SUB COURT, EKM APPELLANT(S): RESPONDENTS ---------------------------------- 1. STATE OF KERALA,REP.BY THE SPECIAL TAHSILDAR(LA)NH.III,VYTTILA. 2. THE ASSISTANT EXECUTIVE ENGINEER, N.H.(R)DIVISION,EDAPPALLY. BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR RESPONDENT(S): CLAIMANT -------------------------------- P.V.POULOSE,PALATHINKAL(H), THIRUVANKULAM.P.O,NOW RESIDING AT C/42, BHEL NAGAR,TRICHY.-14. ADV. SRI.PETER ISAAC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.605 of 2011 ------------------------------------------------ Dated this the 7th day of December, 2011 JUDGMENT Pius C. Kuriakose This appeal by the Government pertains to acquisition of land in Thiruvankulam village for the construction of the Thripunithura Bye-Pass of NH-49. The acquisition of land was pursuant to Section 4(1) notification published on 31/08/05. The Land Acquisition Officer awarded land value at the rate of ` 1,60,900/- pr Are. The Reference Court on evaluating the evidence adduced by the claimants re-fixed the land value at ` 2,71,518/- per Are. Another important claim which was raised by the claimant was that his un-acquired property extending to 5.80 Ares was injuriously affected by the acquisition and that the value of such un-acquired property has been reduced to nil. The evidence adduced by the claimant for substantiating his claim for compensation for injurious affection was mainly on the basis of the report L. A. A. No.605 of 2011 -2- submitted by the Advocate Commissioner. The Advocate Commissioner reported that 0.12 Ares of land out of the remainder property has been reduced to a triangular shape. It was also reported that the remainder portion extending to 5.68 Ares has been reduced to a long strip of land. The learned Subordinate Judge found under the impugned award that the value of the entire un-acquired property has been reduced by 50%. 2. Sri.C.R.Shyamkumar, the learned senior Government Pleader submitted that the percentage of diminution arrived at by the learned Subordinate Judge is excessive. The submission of Sri.Shyamkumar was not resisted by the respondent who has not entered appearance before this Court. We feel, having made a re-appraisal of the evidence, that the percentage of diminution arrived at by the learned Subordinate Judge is slightly excessive. According to us, the percentage of diminution will be around 40% only. We re-fix the total compensation payable to the claimant towards the count injurious affection at the rate of ` 6,25,000/-. The land L. A. A. No.605 of 2011 -3- value fixed by the Reference Court is approved. The appeal will stand allowed to the limited extent of reducing the total compensation payable towards injurious affection to ` 6,25,000/-. The parties are directed to suffer their respective costs. The compensation awarded towards injurious affection will carry the statutory benefits under Section 28 only. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE