IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 LA.App..No. 556 of 2011(D) -------------------------- LAR.83/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT 1 IN LAR --------------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA), COCHIN CORPORATION, VYTTILA. BY SR.GOVERNMENT PLEADER SRI. C.R. SHYAM KUMAR RESPONDENT(S): CLAIMANTS & R2 IN LAR ------------------------------------ 1. K.P. DAYAVATHI, AGED 70, W/O.LATE K. NARAYANAN, POLAKULATH HOUSE, AUTOMOBILE ROAD, PALARIVATTOM, COCHI-25. 2. KRISHNALAL, S/O.LATE K. NARAYANAN, POLAKULATH HOUSE, AUTOMOBILE ROAD, PALARIVATTOM, COCHI-25. 3. KRISHNANUNNI, S/O.LATE K. NARAYANAN, POLAKULATH HOUSE, AUTOMOBILE ROAD, PALARIVATTOM, COCHI-25. 4. KRISHNADAS, S/O.LATE K. NARAYANAN, POLAKULATH HOUSE, AUTOMOBILE ROAD, PALARIVATTOM, COCHI-25. 5. KRISHNALEELA, D/O.LATE K. NARAYANAN, POLAKULATH HOUSE, AUTOMOBILE ROAD, PALARIVATTOM, COCHI-25. 6. KRISHNALAJI, D/O.LATE K. NARAYANAN, POLAKULATH HOUSE, AUTOMOBILE ROAD, PALARIVATTOM, COCHI-25. 7. THE SECRETARY, COCHIN CORPORATION, ERNAKULAM. ADV. SRI.RAAJESH S.SUBRAHMANIAN,SC,COCHIN CO FOR R7 SRI.ANIL KUMAR SREEDHARAN FOR R1-6 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.556 OF 2011 ................................................................... Dated this the 15th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. This appeal by the Government pertains to acquisition of land in Ernakulam village for the purpose of Pulleppady- Thammanam Railway Over bridge. The acquisition was pursuant to Section 4(1) notification published on 21.4.2003. The Land Acquisition Officer included the property in category D. The reference court found that the property was eligible to be included in category B. For category B properties, the L.A. Officer has awarded land value at the rate of Rs.3,20,714/- per Are. The reference court under the impugned award has refixed the market value of the land under acquisition at Rs.5,45,213/-. Even hough the respondents had a claim for compensation for injurious affection for 1.35 cents of land, according to the appellant, the value of the above said 1.35 cents has been injuriously affected to the extent of 50%. The learned Subordinate Judge under the impugned judgment relied on the Commissioner's report and upheld the the above claim in L.A.A.NO.556 OF 2011 : 2 : full. 2. Even though attractive grounds have been raised, Sri.C.R. Shyam Kumar addressed submissions based on those grounds. Having regard to the market value of the property under acquisition at the relevant time and also the fact that the remainder property has been reduced to a practically worthless bit, we are not inclined to interfere. The appeal will stand dismissed however without any order as to costs. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl