IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 LA.App..No. 696 of 2009(D) -------------------------- LAR.97/2005 of SUB COURT, OTTAPPALAM .................... APPELLANT(S): CLAIMANT ---------------------- T.DILEEPKUMAR S/O.BALAKRISHNAN NAIR, VAZHAKKOTTIL HOUSE, KARUMANAMKURUSSI POST, PALAKKAD DIST. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SPECIAL TAHSILDAR, L.A.RAILWAY, THIRUR. 2. THE DEPUTY CHIEF ENGINEER, SOUTHERN RAILWAY, CALICUT. GOVERNMENT PLEADER SMT.R.BINDU FOR R1 SRI.B.JAYASANKAR, SC, RAILWAYS FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.696 OF 2009 ------------------------ Dated this the 17th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal is preferred by the claimant and the claim in the appeal is confined to the claim for compensation for injurious affection. The appellant has raised a claim for injurious affection in respect of the remainder extent of property, which was not acquired, extending to a total of 13 cents. It became evident by the commission report Ext.C1 that the remaining extent of property was divided into two plots of 10 cents and 3 cents. The commissioner clearly reported that one plot referred to as B plot in his report extending to 10 cents has been completely deprived of any road excess because of the acquisition. Under the impugned judgment, the learned Subordinate Judge has neither discussed nor passed any award in favour of the claimant towards injurious affection. We feel that in view Ext.C1 report, to which no objections were filed by the Railway or the Government, the appellant can be awarded some compensation towards injurious affection. We determine the LAA.No.696/2009 2 extent of injurious affection sustained by B plot at 15%. The learned Subordinate Judge has fixed the market value of the land at Rs.7,500/- per cent. Calculating that way, the total amount to which the appellant becomes eligible for award towards compensation for injurious affection is Rs.11,250/-. The above amount is awarded to the appellant allowing this appeal. 2. The appellant will be entitled for statutory benefits admissible under Section 28 alone (interest at the rate of 9% p.a. during the first year and thereafter at the rate of 15% per annum). Neither the solatium under Section 23 (2) nor the additional amount under Section 23 (1A) will be admissible on the above amount. The appeal will stand allowed to the above extent, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk