IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 LA.App..No. 594 of 2011() ------------------------- LAR.276/2008 of PRINCIPAL SUB COURT,ERNAKULAM .................... APPELLANT(S): APPLICANTS/APPELLANTS/RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA, REP.BY THE SPECIAL TAHSILDAR (LA) GENERAL, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM. BY GOVERNMENT PLEADER SMT.ROSE MICHAEL RESPONDENT(S): RESPONDENTS/CLAIMANTS ------------------------------------ 1. SMT.ALICE, W/O.KURUVILA, MANIAMKOTE KAITHAKKOTTIL, KANNANKULANGARA, THRIPUNITHURA.682 301. 2. ANOOP M.KURUVILA, S/O.LATE KURUVILA, MANIAMKOTE KAITHAKKOTTIL, KANNANKULANGARA, THRIPUNITHURA.682 301. 3. SANOOP M.KURUVILA, S/O.LATE KURUVILA, MANIAMKOTE KAITHAKKOTTIL, KANNANKULANGARA, THRIPUNITHURA.682 301. 4. M.J.JOSE, S/O.LATE JOSEPH, MANIAMKOTE KAITHAKKOTTIL, KANNANKULANGARA, THRIPUNITHURA.682 301. ADV. JOY THATTIL ITOOP THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.594 OF 2011 ------------------------ Dated this the 31st day of October, 2011 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. The case pertains to acquisition of land in Thekkumbagam Village within the limits of Tripunithura Municipality pursuant to Section 4 (1) notification published on 15/7/2006 for th construction of a bridge across Thathappallykkattupuzha. The property was included in category No. II. The LAO awarded land value at th rate of Rs.2,33,800/- per Are. The Reference Court relying mainly on Ext.P4 judgment, which pertains to same acquisition but in respect of inferior category, would give appropriate increase and refix the land value at the rate of Rs.3,67,799/- per Are. 2. Even though apparently attractive grounds are raised and Smt. Rose Michael the learned Government Pleader addressed submissions based on those grounds, having regard to the importance of the locality and the purpose of acquisition, we are of the view that the rate presently fixed cannot be said to be excessive. At the same time, we find some force in the submission of the learned Government Pleader regarding the L.A.A..No.594/2011 2 compensation awarded by the court below to the 4th respondent/claimant in the LAR case towards injurious affection of his remainder property. Sri.Joy Thathil Itoop who was appearing for the 4th respondent/claimant entered appearance and justified the impugned award fully. 3. Having considered the judgment we feel that the percentage of diminution fixed by the learned Sub Judge at 50% is likely excessive. According to us, the acquired property of the 4th respondent was affected injuriously only to the extent of 40%. We interfere with the compensation awarded by the court below to the 4th respondent claimant towards injurious affection and reduce the same to 40% of the total value of the unacquired property. The judgment and decree will stand modified to the above limited extent only. The appeal is allowed to the above extent, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk L.A.A..No.594/2011 3