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 16TH MARCH 2011 / 25TH PHALGUNA 1932 LA.App..No. 216 of 2011() ------------------------- LAR.140/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- DR. SHAREEFA, AGED 53, D/O. LATE AHAMMED, CHAMPOKKADAVIL HOUSE, ELAMAKKARA P.O., EDAPPALLY RAILWAY STATION ROAD, KOCHI. BY ADV. SRI.N.M.MOHAMMED AYUB RESPONDENT(S): RESPONDENT ------------------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (L.A.), N.H.NO.1, KAKKANAD. 2. THE EXECUTIVE ENGINEER, NH (B) DIVISION, KODUNGALLOOR. GOVERNMENT PLEADER SRI.T.T.JOSEPHINE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 216 of 2011 ``````````````````````````````````````````````````````` Dated this the 16th day of March, 2011 J U D G M E N T Pius C. Kuriakose, J. The claimant is in appeal. His land in Edappally North Village was acquired for the purpose of acquisition of NH-17. The property was included in Category-C and the Land Acquisition Officer awarded to him land value at `1,25,400/- per Are. Before the reference court, a claim for enhanced land value as well as for compensation for injurious affection in respect of 10.55 Ares of land which remained with him were raised. 2. The court below on appreciating the evidences would refix the land value at 60% above the rate awarded by the LAO. We notice the judgment of this Court in LAA.No.1929/2010 and refix the value of the land at `2,13,180/- per Are. 3. We shall now deal with the appellant's claim for LAA.216/2011 : 2 : further amounts towards compensation for injurious affection. The evidence adduced by the appellant in support of the above claim is apart from oral evidences, commission report Ext.C1 and sketches Exts.C1(a) and C1(b). The learned Sub Judge, on analysing evidences, came to the conclusion that the remainder property is not affected so much as the appellant projects. Nevertheless, noticing that the remainder property is reduced to an irregular plot, what the learned Judge did was to award compensation for injurious affection in respect of the entire remainder property at 10%. 4. Mr.N.M.Mohamed Ayub, learned counsel for the appellant, would draw our attention to the judgment of this Court in LAA No.1130/2008. He would argue that in that case, this Court had refixed the percentage of diminution at 15%. Counsel requests that in this case also at least 15% of the value of the remainder extent to be awarded. 5. We cannot accept the submission of Mr.Ayub in full. We find that the learned Sub Judge repelled the case of the appellant regarding the extent to which the remainder LAA.216/2011 : 3 : property has been injuriously affected. It was found that the remainder property will continue to enjoy road frontage. The only aspect which appealed to the learned Sub Judge was that the property will be reduced to an irregular plot and there is a likelihood of some difficulties arising if construction work is taken up. The court accordingly awarded 10% of the value of the remainder property as compensation for injurious affection. 6. Having re-appreciating the evidence and having considered the submissions, we feel that the learned Sub Judge could have awarded to the appellant some more amounts towards compensation for injurious affection. According to us, on a better assessment based on the same evidence, the appellant can be awarded a sum of `60,000/- more than what is already awarded by the court below towards injurious affection. We award to the appellant `60,000/- more towards injurious affection. 7. Appeal is allowed to the above extent. The appellant will get statutory benefits under LAA.216/2011 : 4 : Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. For compensation towards injurious affection, he will get only the statutory interest under Section 28 of the Act. Sd/- (PIUS C. KURIAKOSE, JUDGE) Sd/- (N.K.BALAKRISHNAN, JUDGE) aks // True Copy // P.A. To Judge