IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 LA.App..No. 623 of 2010() ------------------------- LAR.124/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- FRANCIS,S/O.RAPHAEL, MALIAKKAL HOUSE, ERATTUKULANGAR ROAD, PACHALAM, KOCHI-682012. BY ADV. SRI.L.ALOYSIUS THOMAS SRI.NELSON J.MANAYIL RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR(LA), ICTT VALLARPADAM, ELOOR, UDYOGMANDAL. 2. THE CHAIRMAN,COCHIN PORT TRUST, W.ISLAND. R1 BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN R2 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A. No.623 of 2010 ---------------------------------------------------- Dated this the 9th day of February, 2011 Judgment N.K.Balakrishnan, J. For the purpose of connectivity road to ICTT Vallarpadam, an extent of 1.82 ares of dry land in survey No.522/6 of Kadamakkudy village was acquired from the possession of the appellant. The notification under Section 4(1) was published on 26.10.2005. The Land Acquisition Officer fixed the land value at the rate of Rs.60,657/- per are. The land acquired was shown as dry land. After considering the oral and documentary evidence, the court below enhanced the compensation by refixing the land value at Rs.90,986/- per are. The judgment of this court in LAA No.272 of 2010 has been brought to our notice. As per the said judgment, for identical lands, the land value was refixed by this court at Rs.52,310/- per cent. Therefore, we refix the land value at that rate. 2. Learned counsel for the appellant would submit that the claimant is entitled to get compensation on the ground of injurious affection also. Learned counsel has taken us through the sketch showing the lie and position of the acquired land and LAA 623/2010 2 unacquired portion of the land. The total extent of the land held by the claimant was 6.9 cents, out of which 4.497 cents of land was acquired. According to the claimant, the balance extent, 2.49 cents of land has become useless. Hence, compensation has been claimed for that remaining 2.49 cents also. We find that 25% of the land value fixed for the acquired land can be given as compensation for injurious severance. Thus the compensation for injurious severance would come to Rs.32,448/-. The appeal is allowed to the above extent. The claimant is entitled to all statutory benefits under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. But, it is clarified that for the sum of Rs.32,448/- granted as compensation for injurious affection, the claimant is not entitled to the benefits under Sections 23(2) and 23(1A), but is entitled to get only interest as provided under Section 28. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 623/2010 3