----------------------- A certain extent of property belonging to the appellant was acquired by the respondent State under the provisions of the Land Acquisition Act. On the application filed by him under Section 18 of the Act the reference court awarded enhanced compensation and gave him Rs.9,147/- per are towards “inconvenience caused to him by the approach road and bridge constructed after the acquisition”. The appellant submits that he is entitled to get compensation for injurious affection, which has not been properly considered by the reference court.
2. Heard.
3. The award passed by the reference court appears to be very strange. There is no provision to award compensation for the inconvenience caused by developments subsequent to the acquisition. In fact, what the question the court should have taken into consideration is whether the appellant is entitled to compensation for injurious affection. But for that the extent of the land remaining with the appellant is necessary to be ascertained. Such facts are absent in the award passed by the lower court. In a similar situation a Division Bench of this court in L.A.A.111/2012, the property in which was covered by the same notification as in the case was remanded with a direction to the lower court to consider the claim of injurious affection. An identical order will be passed in this case also.
In the result, this appeal is allowed in part.
The appellant will be given an opportunity to prove the extent of the land remaining with him after the acquisition and to prove that he is entitled to compensation for injurious affection. No other modification is necessary in the award passed by the reference court.
The parties will appear before the reference court on 11.11.2014. The reference court shall dispose of the matter within three months after the appearance of the parties.
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K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/