IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 LA.App..No. 1839 of 2007(D) -------------------------------- LAR.54/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, REPRESENTED BY ITS DIRECTOR (NOW OFFICE AT HOUSE NO.1/631/A, KANADIKADU AREA, MARADU P.O., KOCHI - 682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT ------------------------------------------------------------- 1. SASIKUMARI, PADIPPURAKKAL HOUSE, THRIKKUNNAPPUZHA, MAVELIKKARA, ALAPPUZHA. 2. STATE OF KERALA - REPRESENTED BY SPL.TAHSILDAR (L.A) NATIONAL WATERWAY NO.III, ALAPPUZHA. BY GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1839 of 2007 ------------------------------------------------ Dated this the 1st day of October, 2009 JUDGMENT Pius C. Kuriakose, J Though the first respondent/claimant has been served, he has not entered appearance to resist this appeal. This appeal by the Requisitioning Authority pertains to acquisition of land at Thrikkunnappuzha village in Alappuzha district. Under the impugned judgment, the rate of enhancement granted is 150% over what has been granted by the Land Acquisition Officer. It is brought to our notice by Sri.V.Santharam, the learned Standing Counsel for the Requisitioning Authority that in L.A.A.619/06 which was another appeal pertaining to acquisition of land for the same L. A. A. No.1839 of 2007 -2- purpose in the same village, this Court has re-fixed the land value at Rs.13795/- per Are, thus reducing the percentage of enhancement to 125%. Following that judgment, we modify the judgment under appeal and re-fix the market value of the lands under acquisition at Rs.13795/- per Are. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-