IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 LA.App..No. 456 of 2008(D) -------------------------- LAR.39/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA PARAMARA SHOPPING COMPLEX,PARAMARA ROAD KOCHI-682018,REPRESNETED BY ITS DIRECTOR NOW OFFICE AT HOUSE NO.1/631/A,KANNADIKADU AREA MARADU P.O.,KOCHI 682 304) BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S)/CLAIMANTS AND FIRST RESPONDENT: --------------- 1. VIJAYAN,MALAMEL CHIRAYIL, MUTHUKULAM. 2. SREEDHARAN THAMPI, MALAMEL CHIRAYIL MUTHUKULAM. 3. STATE OF KERALA REPRESENTED BY SPL.TAHSILDAR (LA) NATIONAL WATER WAY NO.III ALAPPUZHA. ADV. SRI.B.RENJITHKUMAR FOR R1-2 GOVERNMENT PLEADER SRI.BASANAT BALAJI FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.456 OF 2008 ------------------------ Dated this the 17thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal preferred by the requisitioning authority -Inland Waterways Authority of India. The acquisition was for widening the National Waterways No.III and was pursuant to Section 4 (1) notification published on 3/5/1999. The Land Acquisition Officer awarded land value for dry lands at Rs.12,109/- Per Are and for wet land at Rs.494/- per Are. Under the impugned judgment, the Reference Court would refix the land value at Rs.24,218/-, i.e. at cent percent over what was granted by the Land Acquisition Officer, for dry land, but in the case of wet land the value was refixed at Rs.1482/- per Are. 2. Sri.V.Santharam, learned Standing Counsel would fairly draw our attention to the judgment of this court in LA.A. No. 1777/2007, which was a case pertaining to the very same acquisition of properties in the very same village. Under that Judgment, we have approved the refixation of value of dry lands at Rs.24,218/- per Are, and we have refixed the value of wet LAA.No.456/2008 2 lands at Rs.1,200/- per Are. Following that judgment, we approve the enhancement granted in respect of dry lands. But, in modification of enhancement granted in respect of wet land, we refix the value of wet land fixed by the reference court at Rs.1482/- to Rs.1,200/- per Are. The Appeal will stand allowed to the above extent only, but in the circumstances without any order as to costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk