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 25TH JANUARY 2010 / 5TH MAGHA 1931 LA.App..No. 918 of 2008() ------------------------- LAR.469/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1: ------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI. BASANT BALAJI RESPONDENT(S): CLAIMANT & RESPONDENTS 2 & 4 IN LAR: --------------------------------------------------- 1. SHARMY, D/O.SARADA, "AISWARYA", TC 22/2189, PADMAVILASAM LANE, PEROORKADA, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, SEWAGE CONSTRUCTION DIVISION, OBSERVATORY HILLS, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, DRAINAGE CONSTRUCTION DIVISION, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA.918/2008 ORDER ON I.A.2043 OF 2008 IN LAA..918 OF 2008 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 25.1.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.918 of 2008 ---------------------------------- Dated this the 25th day of January, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Eventhough the respondent claimant is served with notice she had not entered appearance through her counsel in this court for supporting the impugned judgment. Property was in Kowdiyar village. Acquisition was pursuant to Section 4(1) notification on 7.12.1993. The purpose of the acquisition was for constructing a drainage lane. Land Acquisition Officer awarded land value at the rate of Rs.42,914/- per Are including the property in Category No.IV. Reference court on evaluating the evidence on record found that the property was liable to be included in category No.II. It was on Ext.A1 that claimants relied very much for the claim for enhancement. Ext.A1 was a post notification document revealing a land value of Rs.2,37,623/- per Are. Ext.A1 was six years' post notification. What the court below did was to rely on Ext.A1 and refixed the land value at Rs.1,75,000/- per Are. The property, as already stated, was L.A.A.918/08 2 in Kowdiyar village, which was obviously urban area. We feel that the deduction made by the Subordinate Judge is inadequate. Making proper deduction the land value will have to be refixed at Rs.1,25,000/- per Are. Thus in modification of the impugned judgment and decree we refix value of the land at Rs.1,25,000/- per Are. The court below awarded Rs.15,000/- as compensation towards injurious affection for the remainder property. We feel that there is no warrant for interference with that part of the decision of the reference court. 2. Appeal is allowed to the above extent. Needless to mention that 1st respondent will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act on the total compensation to which the 1st respondent becomes eligible by virtue of this judgment. Parties are directed to suffer their costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb