IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 LA.App..No.798 of 2007(D) ------------------------------ LAR.75/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT: ---------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018 (PRESENT ADDRESS OF THE APPELLANT - HOUSE NO.1/631/A, KANNADIKADU AREA, MARADU P.O., KOCHI-682 304), REPRESENTED BY ITS DIRECTOR, S. DANDAPAT. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT: ------------------------------------------------------------- 1. ANANDAVALLY, BHAGAVATHYPARAMBIL, THRIKKUNNAPPUZHA. 2. PAVANAN, BHAGAVATHYPARAMBIL, THRIKKUNNAPPUZHA. 3. STATE OF KERALA, REPRESENTED BY SPL. TAHSILDAR (LA), NATIONAL WATERWAY NO.III, ALAPPUZHA. ADV. SRI.R.REJI FOR R1 SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009 A/W L.A.A.792/07 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. Nos.798, 792 of 2007, 658 & 610 of 2006 ------------------------------------------------ Dated this the 23rd day of September, 2009 JUDGMENT Pius C. Kuriakose, J All these appeals are appeals preferred by the Requisitioning Authority. The case pertains to acquisition of land for the purpose of widening of National Waterway No.III. The Land Acquisition Officer included the lands in the same category and awarded land value at the rate of Rs.20,316/- per Are. The Reference Court on the basis of the evidence which comes on record re-fixed the land value at varying rates i.e. Rs.34,146/-, Rs.36,585/-, Rs.39,024/- and Rs.41,463/- per Are. L.A.R No.79/01 corresponding to L.A.A.792/07 upholding a claim for severance L. A. A. Nos.798 of 2007 & con. cases -2- compensation raised by the claimant in that case, the Reference Court awarded a further amount of Rs.11,982.80/- per Are. 2. Having scanned the impugned judgments and having heard the submissions of Mr.V.Santharam, the learned counsel for the appellant and those of Mr.R.Reji, Mr.Krishna Mani and Mr.P.Sreekumar counsel appearing for some of the claimants, we are of the view that the market value re-determined by the Reference Court under the impugned judgments is by no standards, excessive. We do not find any warrant for interference with the re-determination of the market value of the lands under acquisition by the learned Subordinate Judge. We feel that the compensation awarded by the learned Subordinate Judge in L.A.R.79/01 corresponding to L.A.A.792/07 L. A. A. Nos.798 of 2007 & con. cases -3- as severance compensation is also not excessive. All these appeals will stand dismissed, but in the circumstances, without any order as to costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-