STATE OF KERALA Vs. ESODAYAMMA

JUDGEMENT

(1.) The acquisition is for the Periyar Valley Irrigation Project in Ernakulam District. The State has filed this appeal against the enhancement of land value from Rs. 30,000/- to 75,000/- per are. The value was so fixed based on Ext. A1 judgment concerning the property involved in the same acquisition under the same notification and for the same purpose. For the land covered by Ext. A1 judgment the land acquisition officer himself has fixed the land value at Rs. 6000/- per are for some of the plots and Rs. 5,400/- per are for some other plots. Reference relating to the said case was answered fixing the value at Rs. 15,000/- in respect of the plots for which the acquisition officer granted Rs. 6,000/- per are and at Rs. 14,000/- in respect of the property for which the land acquisition officer fixed Rs. 5,400/- per are. Considering the importance of the locality in which the land is situated, the court below fixed Rs. 75,000/- per are in this case as per the decree appealed against. It is impugned in this appeal.

(2.) There is no evidence on behalf of the respondent, except the production of Ext. B1. On the other hand AW1 has proved Ext. A1 and the nature of the property involved in both the cases. In such circumstances the court below awarded land value at the rate of Rs. 4,500/- per are following the yardstick adopted in Ext. A1 judgment, though it was not fully accepted. It cannot be stated to be unfair to invite interference.

(3.) With regard to the damages awarded towards injurious affection also it cannot be stated that there was any unfair fixation of damage because remaining 20 cents after acquisition in the name of the petitioner has become uneven in size and without access. It was in the above circumstances the court found that 20% of the value of the said 20 cents thus remaining out of acquisition shall be granted as injurious affection. It cannot be said to be unjust and improper.