PADMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimants are in appeal. THEir landwith building situated in Allapad Village of Karunagapally Taluk was acquired for the construction of an approach road. THE acquisition was pursuant to Section 4(1) notification published on 30/10/2006. THE Land Acquisition Officer awarded land value at the rate of Rs.25,409/- per Are. For the building which existed on the property, he awarded total value of Rs.4,57,500/-. Even though documents were produced, the learned Reference Court on evaluating the evidence refixed the land value at Rs.41,925/- per Are. THE Court however, did not grant any enhancement towards building value. THE appellants had claimed compensation for injurious affection in respect of the remainder property on the reason that by virtue of the acquisition, the entire remainder property came under the newly constructed bridge. Finding some merit in the above claim, the learned Subordinate Judge ordered 20% of the total land value for the acquired property as compensation for injurious affection.

(2.) IN this appeal various grounds are raised assailing the award of the Reference Court. It is urged that the court below was not justified in not awarding any enhancement towards the building. It is also urged that the compensation for injurious affection should have been awarded in respect of the unacquired property and not in respect of the acquired property.

(3.) THE submission of the learned counsel for the appellants that compensation for injurious affection is a compensation to be given in respect of the unacquired property and not the acquired property is certainly sound. On going through the impugned judgment, we find that what the learned Subordinate Judge has done is to award lump sum compensation which will be equal to 20% of the total value awarded for the acquired land.