IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 LA.App..No. 114 of 2010() ------------------------- LAR.49/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. RAMLATH,W/O.LATE ABDUL KHADER, PATTANIPARAMBIL HOUSE,RAILWAY STATION ROAD, EDAPPALLY NORTH.P.O. 2. SEENATH,D/O.LATE ABDUL KHADER, PATTANIPARAMBIL HOUSE,RAILWAY STATION ROAD, EDAPPALLY NORTH.P.O. 3. SAJEETHA,D/O.LATE ABDUL KHADER, PATTANIPARAMBIL HOUSE,RAILWAY STATION ROAD, EDAPPALLY NORTH.P.O. 4. FOUSIYA,D/O.LATE ABDUL KHADER, PATTANIPARAMBIL HOUSE,RAILWAY STATION ROAD, EDAPPALLY NORTH.P.O. 5. ASHRAF,S/O.LATE ABDUL KHADER, PATTANIPARAMBIL HOUSE,RAILWAY STATION ROAD, EDAPPALLY NORTH.P.O. 6. SAIFUNNEESA,W/O.LATE ABDUL KHADER, PATTANIPARAMBIL HOUSE,RAILWAY STATION ROAD, EDAPPALLY NORTH.P.O. 7. SAMEETHA,W/O.LATE ABDUL KHADER, PATTANIPARAMBIL HOUSE,RAILWAY STATION ROAD, EDAPPALLY NORTH.P.O. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPL.TAHSILDAR(LA),KAKKANAD. 2. THE EXECUTIVE ENGINEER, N.H.(B) DIVISION,KODUNGALLOOR. ADV. SMT.LATHA.T.THANKAPPAN, SENIOR ADVOCATE FOR R GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 114 OF 2010 ------------------------ Dated this the 2nd day of March, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal by the claimants pertains to acquisition of land in Edappally North Village for the purpose of widening of N.H.17. The relevant Section 4(1) notification was published on 14/3/2002. The Land Acquisition Officer included the property under acquisition in category 2 and awarded land value of Rs.1,25,400/-. The Reference Court was not impressed by the evidence adduced by the claimants except Ext.A1. Relying on Ext.A1 30% increase was given and land value was refixed accordingly at Rs. 1,63,020/- per Are. 2. In this appeal, the appellants contend that the land value refixed by the court below is grossly inadequate. The appellants also contend that the unacquired portion of the property extending to 2.60 Ares has been injuriously affected and that compensation atleast 50% of the market value should be granted for such unacquired property. 3. We have heard the submissions of Sri.P.K.Aboobacker LAA.No.114/2010 2 learned counsel for the appellants and those of Sri.Basant Balaji, learned senior Government Pleader for the respondents. We have gone through the impugned judgment. We are not at all impressed by the contention of the appellants that compensation should have been awarded for injurious affection of the remainder property belonging to the claimants. It appears to us that the appellants were not very serious regarding their claim for injurious affection. They did not take out any commission at all for proving as to what was the extent of injurious affection. It was only oral evidence that was adduced by the claimants in respect of the above unacquired portion. We are not inclined to grant any compensation towards the injurious affection of the unacquired portion of the property. 2. While we can approve the action of the learned Sub Judge in having rejected all the documents other than Ext.A1, we feel that based on Ext.A1 and the oral evidence adduced by the claimants, the market value could have been refixed at Rs.1,81,830/- . In this connection, we notice the judgment of this court in other cases pertaining to acquisition of identical property for the same purpose. Accordingly, we refix the land LAA.No.114/2010 3 value of the property under acquisition at Rs. 1,81,830/- per Are. The appeal will stand allowed to the above extent. It is needless to mention that the appellants/claimants will be entitled for all statutory benefits admissible under Section 23(2) and 23 (1A) and 28 of the Land Acquisition Act on the total enhanced compensation to which they becomes eligible by virtue of this judgment. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk