IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 LA.App..No. 1076 of 2009(D) --------------------------------- LAR.15/2007 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): B-RESPONDENT ----------------------------------- INLAND WATER WAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, REP. BY ITS DIRECTOR, S. DANDAPAT (NOW OFFICE AT HOUSE NO. 1/631/A, KANNADIKADU AREA MARADU.P.O., KOCHI-682304.) BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND A RESPONDENT --------------------------------------------------------- 1. FRANCIS, S/O. LOUIS, KANIYAMPARAMBIL, VAZHICHERRY WARD, ALAPPUZHA. 2. ANTONY,.P.JOSEPH, SHEHALAYAM, VAZHICHERRY WARD, ALAPPUZHA. 3. STATE OF KERALA, REP. BY SPECIAL TAHSILDAR(LA) GENERAL, ALAPPUZHA. BY GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1076 of 2009 ------------------------------------------------ Dated this the 15th day of September, 2009 JUDGMENT Pius C. Kuriakose, J The requisitioning authority is in appeal and under challenge is the re-fixation of market value of the land from Rs.58,578/- per Are to Rs.1 lakh per Are. The property was in Mullackal village and the acquisition was pursuant to Section 4(1) notification published on 24/01/98. This Court had occasion to decide L.A.A.374/04, another case pertaining to the same acquisition of property in the same village. Under the judgment in L.A.A.374/04 enhancement at the present rate has been approved by this Court. Following the decision in L.A.A.374/04, this appeal will L. A. A. No.1076 of 2009 -2- stand dismissed without any order as to costs. Even though, Mr.V.Santharam argued that the enhancement granted by the court below for compensation for improvements existed on the property is exorbitant, we are of the view that what is granted on that count is also quite reasonable. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-