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 25TH JANUARY 2010 / 5TH MAGHA 1931 LA.App..No. 280 of 2009(D) -------------------------- LAR.13/2007 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): B-RESPONDENT -------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX,PARAMARA ROAD, KOCHI-682018,REP;BY ITS DIRECTOR,S.DANDAPAL.(NOW OFFICE AT HOUSE NO.1/631/A,KANNADIKADU AREA, MARADU.PO,KOCHI-682304). BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANAT AND A-RESPONDENT ----------------------------------------- 1. ANTONY P.JOSEPH,SNEHALAYAM,VAZHICHERRY WARD, ALAPPUZHA DISTRICT. 2. FRANCIS, S/O.LUIS,KANIYAMPARAMBIL, VAZHICHERRY WARD,ALAPPUZHA DISTRICT. 3. RAJAMMA, W/O.PUSHKARAN,KARIYIL CHIRAYIL, THATHAMPALLY, ALAPPUZHA. 4. STATE OF KERALA,REPRESENTED BY SPECIAL TAHSILDAR(L.A),NO.III, ALAPPUZHA. ADV. SRI.JAWAHAR JOSE FOR R1 SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA.280/09 ORDER ON I.A.835 OF 2009 IN LAA.280 OF 2009 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 25.1.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.280 of 2009 ---------------------------------- Dated this the 25th day of January, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Delay is condoned since we are in a position to decide the appeal immediately in favour of the respondent. 2. This appeal by the requisitioning authority pertains to acquisition of land in Mullackal Village. We find that the enhancement granted under the impugned judgment is only 70% over what was awarded by the Land Acquisition Officer. Having regard to the judgment in LAA.No.374/2004 this appeal is only to be dismissed. Hence this appeal is dismissed. No costs. It is made clear that this judgment will not stand in the way of appellant resisting the appeal if any filed by the claimants on all grounds. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb