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 10TH AUGUST 2011 / 19TH SRAVANA 1933 LA.App..No. 1562 of 2009() -------------------------- LAR.175/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- PAREED KUNJU MARAKKAR, (A.P.MARAKKAR), KALATHIPARAMBIL, ANTHROUPARAMBIL, EDAPPALLY. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.K.P.MAJEED RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (L.A), N.H.NO.1, KAKKANADU. 2. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY BRIDGE DIVISION, KAKKANADU. R1 BY GOVT. PLEADER SRI. M.R. SABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2011, ALONG WITH LAA. 49/10 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. Nos. 1562 of 2009 & 49 of 2010 ----------------------------------------------- Dated this the 10th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. These are appeals preferred by the claimants whose lands in Edappally North Village were acquired for the purpose of development of National Highway 17. In LAA. No. 49 of 2010 corresponding to LAR. No. 18 of 2008 there was a claim for compensation for injurious affection in respect of 6.60 ares of unacquired land. The claim was that the remainder property has been injuriously affected to the extent of minimum 40%. The reference court on evaluating the evidence would re-fix the value of land acquired in both these cases at 40% above the rate awarded by the LAO. In these appeals the claim is for further enhancement of 20% of the rate awarded by the LAO be granted. We are of the view that in both these appeals the claim for enhancement in land value can be allowed in full in view of judgment of LAA.1562/09 -2- this court pertaining to other cases including the judgment in LAA. No. 199 of 2010. Hence the land value in respect of the land involved in LAA. No. 49 of 2010 corresponding to LAR No. 18 of 2008 is re-fixed at Rs.1,64,160/- per Are. Similarly, the value of the land involved in LAA.1562/09 corresponding to LAR. No. 175/08 is re-fixed at Rs.2,01,600/- per Are. 2. We find considerable merit in the issue raised in LAA. No. 49 of 2010 in respect of the unacquired property extending to6.60 Ares. The learned Subordinate Judge disallowed by the above claim on the reason that the plan prepared by the advocate commissioner and relied on by the claimant was not an authenticated one. But we notice that the commissioner was examined. With regard to the evidence, we find that the unacquired property was injuriously affected to the extent of atleast 20%. We award in LAA. No. 49 of 2010 a further amount of Rs.2,16,691/- LAA.1562/09 -3- towards compensation for injurious affection. The appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act on the enhancement in land value which is being awarded to him. As regards the compensation for injurious affection awarded to the appellant in LAA. No. 49 of 2010, the appellant will be entitled only for the benefit under Section 28 of the Act. Appeals are allowed, however, without any order as to costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-