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 19TH JANUARY 2011 / 29TH POUSHA 1932 LA.App..No. 1307 of 2010 -------------------------- LAR.16/2007 of SUB COURT,ALAPPUZHA .................... APPELLANT(S): CLAIMANT A -------------------------------- ANTONY.P.JOSEPH, AGED 74 YEARS, S/O. JOSEPH, RESIDING AT SNEHALAYAM, VAZHICHERRY WARD, ALAPPUZHA. BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENT(S):/RESPONDENTS & CLAIMANT B ------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA PIN-688001. 2. THE NATINAL WATERWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS DIRECTOR, MARADU.P.O., KOCHI, ERNAKULAM-682304. 3. FRANCIS, S/O. LOUIS, KANIYAMPARAMBIL HOUSE, VAZHICHERRY WARD, ALAPPUZHA-688001. GOVERNMENT PLEADER (SR.) SMT.R.BINDU SRI.V.SANTHARAM, SC, IWAI FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1307 of 2010 ------------------------------------------------ Dated this the 19th day of January, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His grievance is that the Reference Court did not award any enhanced compensation for his properties in Mullackal village which were acquired for the purposes of the second respondent namely The National Waterways Authority of India. 2. We have heard submissions of Sri.Jawahar Jose, the learned counsel for the appellant and those of Sri.V.Santharam, the learned Standing Counsel for the Requisitioning Authority. We heard the learned Government Pleader also and he supported the learned Standing Counsel. Our attention is drawn to by Sri.Jawahar Jose to the judgments of this Court in LAA.280/09 and LAA.374/04. It is seen that under those judgments for properties in Mullackal village which was almost identical to the L. A. A. No.1307 of 2010 -2- properties involved in this case, this Court has granted approval to the re-fixation of values of the lands, for which the Land Acquisition Officer awarded Rs.58,570/- per Are, to Rs.1 lakh per Are. Thus, it is clear to our mind that the appellant is also eligible to be awarded re-fixed value of Rs.1 lakh per Are. The appeal is allowed re-fixing the value of lands under acquisition to Rs.1 lakh per Are. However, the appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while calculating interest under Section 28, the Section will have due regard to the conditions imposed by this Court in the order in C.M. Application No.2141/10 under which the delay caused in the matter of filing the appeal was condoned. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1307 of 2010 -3-