Partly allowed

State of Kerala v. S.Prakasan

Kerala HC14 Mar 2012LA.App./61/2012

Case brief

AI extract

What is this about?

The High Court modified the land acquisition award by revising the percentage of diminution in value for injurious affection from 50% to 40%, refixing compensation at Rs.3,01,100/-. The court clarified that statutory benefits under Sections 23(1) and 23(2) are not applicable to this specific sum, allowing only interest under Section 28.

What did the court decide?

Compensation for injurious affection refixed at Rs.3,01,100/-; confirmed the land value refixed by the Reference Court.

State of Kerala Vs S.Prakasan — Land Acquisition | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE

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THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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WEDNESDAY, THE 14TH DAY OF MARCH 2012/24TH PHALGUNA 1933

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LA.App.No.61 of 2012 (A)

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(AGAINST THE JUDGMENT/DECREE IN LAR.NO.45/2009 OF III ADDL.SUB COURT, ERNAKULAM)

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APPELLANT(S)/RESPONDENTS IN L.A.R:

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STATE OF KERALA

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REP. BY SPECIAL TAHSILDAR (LA), NH III, VYTTILA.

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THE ASSISTANT EXECUTIVE ENGINEER,

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P.W.D ROAD SUB DIVISION, ERNAKULAM.

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BY GOVERNMENT PLEADER

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SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL.

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RESPONDENT(S)/CLAIMANT IN L.A.R:

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S.PRAKASAN

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S/O. SUBRAMANIAN, THARAYIL, PONNURUNNI DESOM KANAYANNUR TALUK, P/A HOLDER SMT.PRABHA D/O.KAUSALYA, THARAIL, VYTTILA PIN - 682 019.

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BY ADVS. SRI.K.R.MOHANAN, SRI.K.SIVARAJ.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & A. V. RAMAKRISHNA PILLAI, JJ

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LAA No.61 of 2012

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Dated this the 14^th day of March, 2012

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JUDGMENT

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Pius C. Kuriakose, J

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By our order dated 07/02/2012, we confirmed the land value of Rs.6,16,891/- per are refixed by the reference court under the impugned award. We issued notice to the respondent only after determining the correct compensation payable to the respondent for the injurious affection on his unacquired property extending 1.22 ares of land.

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The learned Subordinate Judge under the impugned judgment found that the percentage of injurious affection is 50%. Upon the respondent entering appearance through his counsel, we directed Shri K. R. Mohanan, learned counsel for the respondent to seek instructions from the party as to whether his party is ready and willing to surrender the unacquired property extending 1.22 ares, receiving the market value refixed by the reference court and approved by us.

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Shri Mohanan submitted that his client is ready to surrender the unacquired property to the Government. However, he should be paid the

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LAA No.61 of 2012 -:2:-

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current market value and not the market value refixed by the Reference Court and this Court, which is the market value as on the date of Section 4(1) notification.

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Under the above circumstances, we heard both sides. We

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have gone through the impugned judgment. A sketch, which will show the details of the unacquired property extending 1.22 ares, as a property having a width of 5.4 metres on one side and 4.10 on another side with a length of 24 metres is perused by us.

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We are convinced that on account of the acquisition of the present market value of the unacquired property has become diminished considerably. At the same time, we cannot agree that the value has been diminished to the extent of 50%. According to us, the value has been diminished to the extent of 40% only. Thus, we modify the impugned judgment to the extent the same pertains to the award of compensation to the injurious affection. The total compensation for injurious affection due to the respondent is refixed at Rs.3,01,042.32 which is rounded off to Rs.3,01,100/-.

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LAA No.61 of 2012 -:3:-

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Appeal is allowed to the above extent. The land value refixed by the Reference Court is confirmed. The respondent is entitled for all statutory benefits on the refixed compensation. However, on the sum of Rs.3,01,100/-, which we awarded to the respondent towards injurious affection, the respondent will be entitled for interest under

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Section 28 and not the benefits under Sections 23(2), 23(1A) of the Land Acquisition Act.

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sd/- PIUS C. KURIAKOSE JUDGE

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sd/-

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A. V. RAMAKRISHNA PILLAI JUDGE

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//TRUE COPY//

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P.A TO JUDGE

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krj

State of Kerala v. S.Prakasan

Case brief

What is this about?

What did the court decide?

State of Kerala v. S.Prakasan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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