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Judgment
Pius C. Kuriakose, J.—We find much force in the submissions of Smt. Latha T. Thankappan, the learned senior Government Pleader that the issue raised in this appeal by the Government is covered in favour of the Government by judgment of this Court in L.A.A.376/09. According to her, if that judgment is followed, the maximum value that can be granted is only Rs. 98,000/-. But as rightly argued by Sri. R. Manoj, the Learned Counsel for the respondent the property under acquisition was enjoying certain advantages which the property in L.A.A.376/09 did not have. Taking into account those advantages, we are inclined to re-fix the market value of land under acquisition in this case at Rs. 1 lakh per Are.
We are not inclined to interfere with the award of compensation for injurious affection or towards shifting charges. However, it appears that the learned Subordinate Judge has committed a mistake in reckoning the compensation for injurious affection and shifting charges also for the purpose of awarding statutory benefit. It is clarified that the compensation for injurious affection and the shifting charges will not carry statutory benefits admissible under Sections 23(2), 23(1A) and u/s 28 of the Land Acquisition Act.
The appeal will stand allowed, but in the circumstances, without any order as to costs.