IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 LA.App..No. 154 of 2011() ------------------------- LAR.48/1997 of SUB COURT, PATHANAMTHITTA .................... APPELLANT(S): CLAIMANT ---------------------- S.PAPPY,AGED 68 YEARS,S/O.SCARIA, VANCHIPPARA VEETTIL ,V-KOTTAYAM MURI, PRAMADOM VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,PATHANAMTHITTA. BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 154 OF 2011 ------------------------ Dated this the 3rd day of March, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. His property in Pramadom village of Pathanamthitta district was acquired for the construction of a canal as part of Kallada Irrigation Project. Being dissatisfied by the compensation awarded by the Land Acquisition Officer, he facilitated a reference under Section 18 and the judgment impugned in this appeal is passed by the learned Subordinate Judge in that reference ( LAR No.48/1997). 2. The appellant does not have much grievance about the market value of the land redetermined by the Reference Court. The serious grievance, which arises for redressal in this appeal, is the grievance that Reference Court did not consider and decide the appellant's claim for injurious affection of a portion of the unacquired property described as 'B' portion by the advocate commissioner in his report and plan Ext.C1 and C2. 3. Sri.Rinny Stephen, learned counsel for the LAA.No.154/2011 2 appellant/claimant would argue that the portion shown as 'B' has been completely deprived of road frontage and road facility on account of construction of the canal through the middle of the original holding of the appellant. The learned counsel conceded that the portion shown as 'C' continues to enjoy the road frontage. But, portion shown as 'B' has been derived of road frontage or road access, as a result of which the value of the above portion has become reduced considerably. According to the learned counsel, percentage of diminution is 75%. What we find from the impugned judgment is that the learned Subordinate Judge has not discussed or decided the above claim. It appears to us that the value of the portion shown as 'B' has been affected injuriously to a certain extent. It is for the learned Subordinate Judge to discuss and decide as to what extent the value of the 'B' portion has been affected and to award compensation to the appellant towards the diminution in value of the B property. 4. The result of the above discussion is that the impugned judgment and decree are set aside to the extent the same pertains to the appellant's claim for compensation for injurious LAA.No.154/2011 3 affection of the portion shown by the commissioner as 'B' in his report and plan Exts.C1 and C2. L.A.R. No. 48/1997 is remanded to the Subordinate Judges Court, Pathanamthitta to decide the correct compensation payable to the appellant for the above 'B' portion towards injurious affection. If the appellant is desirous of adducing any further evidence to substantiate the above claim of his, opportunity should be given by the court below. If further evidence is adduced by the appellant, the Government also should be permitted to adduce counter evidence. The court below should take a decision on the above claim of the appellant on the basis of the evidence already on record and the evidence which comes to be on record further. The parties will enter appearance before the Reference Court on 31/3/2011. The learned Subordinate Judge will pass revised judgment early and at any rate within two months of the court re-opening after mid summer holidays. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk