IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 947 of 2008()
1. STATE OF KERALA REP. BY THE SPECIAL
... Petitioner
Vs
1. RAJI V.K., VELIKKAKATHU HOUSE,
... Respondent
2. THE DEPUTY CHIEF ENGINEER,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.E.D.GEORGE
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/11/2008
O R D E R
KURIAN JOSEPH & K.T.SANKARAN, JJ.
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L.A.A.No.947 of 2008 &
C.O.No.82 of 2008
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Dated this the 6th day of November, 2008
JUDGMENT
Kurian Joseph,J.
This is an appeal filed by the State aggrieved by the
fixation of land value by the reference court, namely, Sub Court,
Ernakulam. The acquisition is for the purpose of Railways. It has
come out in evidence that the property is situated 300 metres
away from the National Highway Bypass and around 600 metres
away from the Vyttila Junction. The reference court, placing
reliance on L.A.R.No.275/2006, fixed land value at Rs.2,63,829/-
per are. The land value fixed in L.A.R.No.275/2006 has become
final.
2. The cross objector has a contention that no
compensation whatsoever has been granted for the injurious
affection as far as the balance of the acquired property is
concerned. Here the total extent is only 0.89 are, of which 0.77
are has been acquired. It is seen from the sketch that a small
parcel of land extending to 0.12 ares has been left un-acquired
L.A.A.No.947 of 2008 &
C.O.No.82 of 2008
-:2:-
and the same is in irregular shape. Though the claimant had
raised a claim for Rs.25,000/- for injurious affection, it is seen
that the contention of the claimant has not been specifically
adverted to in the judgment. What is considered is the case of
other claimants in whose property there was a building and who
had in fact objected to the acquisition of the entire property.
Having gone through the sketch and the other records we find
that the cross objector is entitled to the injurious affection since a
small parcel of land in an irregular shape has been left out after
the acquisition. What is claimed is only Rs.25,000/-. Therefore,
the appeal is dismissed. The cross objection is allowed. The
cross objector shall be entitled to a further compensation to the
tune of Rs.25,000/- along with all eligible and statutory benefits.
(KURIAN JOSEPH, JUDGE)
(K.T.SANKARAN, JUDGE)
ahg.
KURIAN JOSEPH &
K.T.SANKARAN, JJ.
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L.A.A.No.947 of 2008 &
C.O.No.82 of 2008
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JUDGMENT
6th November 2008