IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 LA.App..No. 1854 of 2008() -------------------------- LAR.17/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOHI 682018, REPRESENTED BY ITS DIRECTOR, (N0W OFFICE AT HOUSE NO.1/631/A, KANADIKADU AREA, MARADU P.O., KOCHI-682304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT -------------------------------------------- 1. MARYKUTTY JOSEPH, PANDIYIL KARUKAPARAMBIL, CHERUTHANA. 2. OUSEPH JOSEPH, PANDIYIL KARUKAPARAMBIL, CHERUTHANA. 3. JOSEPH JOY, PANDIYIL KARUKAPARAMBIL, CHERUTHANA. 4. STATE OF KERALA- REPRESENTED BY SPL. TAHSILDAR (LA) NATIONAL WATERWAY NO.111, ALAPPUZHA. ADV. SRI.S.PRAKASH FOR R1-3 BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1854 OF 2008 ------------------------ Dated this the 8th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. The Inland Waterways Authority of India, the requisitioning authority, is in appeal. The properties in Cheruthana village acquired for the purpose of widening of narrow stretches of National Waterway No.III were both wet land and dry land. The Reference Court has granted enhancement in respect of both the categories of land. 2. It is fairly conceded by Sri. V.Santharam, learned counsel for the appellant that the enhancement granted in respect of the dry land is liable to be approved as the same has been approved by this court in other cases. The learned counsel drew our attention to the common judgment of this court in L.A.A. Nos. 608, 609 of 2009 and other connected cases dated 10/8/2009. A copy of that common judgment was placed before us. We find that under the above judgment, this court has refixed the value of wet land finally at Rs.1235/- per Are. In LAA.No.1854/2008 2 the instant case, we find that the Reference Court has granted value at the rate of Rs.2528/- per Are. Necessarily, award of the Reference Court to the extent it relates to the wet land has to be interfered with. Hence, we set aside the award to the extent it pertains to the wet lands and refix the value of 13.10 Ares of wet lands involved in this acquisition at Rs.1235/- per Are. The claimants will be entitled for statutory benefits admissible under Section 28 of the Act on the refixed compensation. The appeal is allowed however, without any order as to costs. The decree copy will be issued to the appellant only after ensuring that the balance court fee is paid. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk