IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 LA.App..No. 233 of 2011() ------------------------- LAR.97/2003 of ADDL.SUB COURT,KOLLAM .................... 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-682304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND FIRST RESPONDENTS ---------------------------------------------- 1. NORBERT,S/O.VICTOR,NOBLE BHAVAN, CHERUSSERIBHAGAM,CHAVARA,KOLLAM-691583. 2. OMANA,W/O.NORBERT,NOBLE BHAVAN, CHERUSSERIBHAGAM,CHAVARA,KOLLAM-691583. 3. STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM-691001. BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.233 OF 2011 ------------------------ Dated this the 23rd day of March, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal by the requisitioning authority – Inland Waterways Authority of India, pertains to acquisition of land in Chavara village of Kollam District. We notice from the impugned judgment that the enhancement granted is just 60% above what was awarded by the Land Acquisition Officer. We find that by other judgments including the judgment in L.A.A. No.1240/2009, this court has approved the enhancement at this rate. Hence, we are not inclined to entertain this appeal. The appeal will stand dismissed. However, we make it clear that in case the respondents prefer appeal seeking more enhancement, the appellant will have the liberty of defending that appeal on the basis of all available grounds including those raised in this appeal. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk