T.Dileepkumar vs The Special Tahsildar on 17 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 696 of 2009(D)


1. T.DILEEPKUMAR
                      ...  Petitioner

                        Vs



1. THE SPECIAL TAHSILDAR,
                       ...       Respondent

2. THE DEPUTY CHIEF ENGINEER,

                For Petitioner  :SMT.T.D.RAJALAKSHMI

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :17/06/2010

 O R D E R
          PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                     L.A.A.No.696 OF 2009
                      ------------------------

              Dated this the 17th day of June, 2010

                           JUDGMENT

Pius C.Kuriakose, J.

This appeal is preferred by the claimant and the claim in

the appeal is confined to the claim for compensation for injurious

affection. The appellant has raised a claim for injurious

affection in respect of the remainder extent of property, which

was not acquired, extending to a total of 13 cents. It became

evident by the commission report Ext.C1 that the remaining

extent of property was divided into two plots of 10 cents and 3

cents. The commissioner clearly reported that one plot referred

to as B plot in his report extending to 10 cents has been

completely deprived of any road excess because of the

acquisition. Under the impugned judgment, the learned

Subordinate Judge has neither discussed nor passed any award

in favour of the claimant towards injurious affection. We feel that

in view Ext.C1 report, to which no objections were filed by the

Railway or the Government, the appellant can be awarded some

compensation towards injurious affection. We determine the

LAA.No.696/2009 2

extent of injurious affection sustained by B plot at 15%. The

learned Subordinate Judge has fixed the market value of the land

at Rs.7,500/- per cent. Calculating that way, the total amount to

which the appellant becomes eligible for award towards

compensation for injurious affection is Rs.11,250/-. The above

amount is awarded to the appellant allowing this appeal.

2. The appellant will be entitled for statutory benefits

admissible under Section 28 alone (interest at the rate of 9% p.a.

during the first year and thereafter at the rate of 15% per

annum). Neither the solatium under Section 23 (2) nor the

additional amount under Section 23 (1A) will be admissible on

the above amount.

The appeal will stand allowed to the above extent, but

without any order as to costs.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
dpk