IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 LA.App..No. 1433 of 2009 (C) --------------------------------- LAR.27/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL. 2ND RESPONDENT ---------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA PARAMARA SHOPPING COMPLEX, PARAMARA ROAD KOCHI-682018, REPRESENTED BY ITS DIRECOR (NOW OFFICE AT HOUS NO.1/631/A, KANADIKADU AREA, MARADU.P.O., KOCHI-682304.) BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND FIRST RESPONDENT -------------------------------------------------------------- 1. KUTTAPPAN, S/O. SANKARAN, MOLLEVAYALIL CHERUTHANA VADAKKUM MURI, CHERUTHANA VILLAGE, KARTHIKAPALLY TALUK, MAVELIKKARA. 2. STATE OF KERALA, REPRESENTED BY SPL.TAHSILDAR (L.A) NATIONAL WATERWAY NO.III ALAPPUZHA. ADV. SRI.M.R.SUDHEENDRAN FOR R1 SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ C. M. Application No.1951 of 2009 & L. A. A. No.1433 of 2009 ------------------------------------------------ Dated this the 1st day of July, 2010 JUDGMENT Pius C. Kuriakose, J Delay is condoned subject to the condition that the appellant shall pay a sum of Rs.500/- to the High Court Legal Services Committee within ten days and produce receipt. It is submitted by Sri.V.Santharam, the learned counsel for the appellant that the above amount will be paid on time. We accept the above submission and take up this appeal for hearing and disposal. 2. We are of the view that the issue raised by the Requisitioning Authority, the appellant in this case is covered in favour of the appellant to a L. A. A. No.1433 of 2009 -2- certain extent. The appeal pertains to acquisition of land in Cheruthana village for the purposes of the appellant/Authority. For dry lands under acquisition the Land Acquisition Officer awarded Rs.12109/- per Are and for wet lands the Land Acquisition Officer awarded value at Rs.494/- per Are. The Reference Court re-fixed the value of dry land at Rs.20229/- per Are and that of wet lands at Rs.1769.95/- per Are. In view of the decision taken by this Court in many other cases including LAA.1771/07 the appeal has to be allowed to the extent it pertains to the re-fixation of the value of wet lands. In modification of the impugned judgment, we re-fix the value of wet lands at Rs.1235/- per Are. So far as the dry lands is concerned the rate fixed by the court below is L. A. A. No.1433 of 2009 -3- confirmed. The appeal will stand allowed to the above extent only. 3. It is needless to mention that the claimant will be entitled for all statutory benefits on the total enhanced compensation. Parties are directed to suffer their respective costs. The Registry will issue decree copy only upon noticing receipt against payment of cost as ordered above. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-