IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 LA.App..No. 150 of 2008 ------------------------- LAR.3/2005 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT/: 1ST RESPONDENT ---------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR. BY GOVERNMENT PLEADER SRI.P.K. BABU RESPONDENTS: CLAIMANT & RESPONDENT NO.2 ----------------------------------------- 1. SEEJO JOSE, S/O.THEKKEKARA KORATH JOSE, KALLETTUMKARA DESOM, MUKUNDAPURAM TALUK. 2. MARY @ THANKAMMA, W/O.THEKKEKARA KORATH JOSE, KALLETTUMKARA DESOM, MUKUNDAPURAM TALUK. 3. JEEJO JOSE, S/O.THEKKEKARA KORATH JOSE, KALLETTUMKARA DESOM, MUKUNDAPURAM TALUK. 4. THE MANAGING DIRECTOR, ROAD AND BRIDGES DEVELOPMENT, CORPORATION, KOCHI. ADV. SRI.A.D.SHAJAN FOR R1,2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== L.A.A. NO. 150 OF 2008 ============================ DATED THIS THE 19TH DAY OF JANUARY 2009 JUDGMENT Pius C.Kuriakose,J. This appeal is filed by the Government pertains to acquisition in Kallettumkara village near Irinjalakuda, pursuant to Section 4(1) notification published on 11-3-2001 for the purpose of construction of the railway over-bridge at Kallettumkara. The Land Acquisition Officer awarded land value at the rate of Rs.14,722/-per cent corresponding to Rs.37,000/- per Are. The Reference Court on the basis of the evidence, which consisted of Ext.A1 sale deed and oral testimony of AW1 and Exts.X1, X1(a), X2 and X2(a) commission reports and plans and also Exts.R1 to R3, would re-fix the land value at Rs.18,000/- per cent. The respondents/claimants had claimed a sum of Rs.25 lakhs towards compensation for injurious affection of the unacquired properties. It had become evident from the commissioner's report that the remaining property of the respondents had become divided in two halves and also that the entire property which was otherwise enjoying direct access to the main road was deprived of the said L.A.A. NO. 150/2008 -2- benefit due to acquisition and the emergence for the over-bridge. The Reference Court despite the finding that the claim for compensation for injurious affection is well founded became inclined to grant only a lump sum amount of Rs.20,000/- towards that count. Having gone through the impugned judgment and having heard the learned Senior Government Pleader Sri. P.K.Babu and the learned counsel for respondents Sri.A.D.Shajan, who has taken notice on behalf of respondents 1 to 3, we are of the view that it is more or less the correct value of the property at the relevant time which has been arrived at by the the learned Subordinate Judge relying on Ext.A1 and other relevant documents. Coming to the learned Subordinate Judge's decision to award of Rs.20,000/- for injurious compensation, we feel that the said award is by any standards reasonable. The appeal will stand dismissed. The parties are directed to suffer their respective costs. PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, JUDGE L.A.A. NO. 150/2008 -3- ks.