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 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 LA.App..No. 242 of 2011() ------------------------- LAR.165/1995 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- ABRAHAM,S/O.LATE IYPE,MANIYAMKODU KAITHAKOTTIL,UDAYAMPEROOR,NOW RESIDING AT KATHAKOTTIL,EDAVETTY.P.O,THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.ABRAHAM K.JOHN SMT.DIVYA K.NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SPECIAL TAHSILDAR(L.A),I.O.C.VYTTILA. 2. THE INDIAN OIL CORPORATION,REP.BY ITS PLANT MANAGER AND POWER OF ATTORNEY HOLDER, L.P.G.BOTTLING PLANT,UDAYAMPEROOR. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A..No. 242 OF 2011 ------------------------ Dated this the 23rd day of September, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal preferred by the claimant pertains to acquisition of land in Manakunnam Village for the purpose of construction of an approach road to the LPG Bottling plant at Udayamperoor. The acquisition was pursuant to section 4(1) notification dated 27/5/1991. the Land Acquisition Officer awarded land value at the rate of Rs.12099/- per Are which was refixed by the court at Rs.28,000/- per Are. We notice the judgment of this court in L.A.A. No.574/2006 refixing the value of land included in category - 1 acquired for the same purpose at Rs.45,000/- per Are. If a proportionate increase is made in this case, the value of the acquired property will come to Rs.42,000/- per Are. But, as claim for land value is limited to Rs.38,000/- per Are only, we refix the land value at Rs.38,000/- per Are. 2. The appellant has a further claim for enhanced compensation for injurious affection (diminution in the land value LAA.No.242/2011 2 of the unacquired property). The extent of the unacquired property affected by the acquisition has been found by the court below to be 15 cents in the sense that so much of land will be necessary to provide connection to the unacquired property over the pathway as the unacquired property is being completely deprived of the pathway facility because of the acquisition. Under the impugned judgment, the Subordinate Court has awarded compensation calculated at the rate of Rs.28,000/- for 6.07 Ares of land. Since we have refixed the land value under the present judgment at Rs.38,000/- per Are, the compensation to be awarded to the appellant towards injurious affection will have to be enhanced by 60710/-. 3. We award to the appellant a further amount of Rs.60710/- towards additional compensation for injurious affection. 4. The appeal is allowed as above, however, without any order as to costs. The appellant will be entitled for statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the enhancement in land value which is being awarded to him. On the additional compensation which is being LAA.No.242/2011 3 given towards injurious affection, he will be eligible for the benefit under Section 28 of the L.A.Act only. However, the section, while drafting the decree, will have due note of the conditions imposed by us while condoning the delay. It should be ensured that those conditions have been complied with and also that full court fee payable on the appeal memorandum has been remitted. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk