IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 LA.App..No. 1013 of 2010() -------------------------- LAR.9/2004 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-682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND FIRST RESPONDENT --------------------------------------------- 1. SHEELA MANI, UMMAKUNNEL VEEDU, PANMANA MURI, PANMALA, KOLLAM. 2. CHIDAMBARAN, UMMAKUNNEL VEEDU, PANMANA MURI, PANMALA, KOLLAM. 3. THAMPI, UMMAKUNNEL VEEDU, PANMANA MURI, PANMALA, KOLLAM. 4. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R4 SRI.JOHNSON MANAYANI FOR R1-3 SRI.BENHUR JOSEPH MANAYANI FOR R1-3 SRI.JOSEPH SEBASTIAN FOR R1-3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 1013 OF 2010 ------------------------ Dated this the 24th day of March, 2011 JUDGMENT Pius C.Kuriakose, J. The requisitioning authority - Inland Waterways Authority of India is the appellant. The land under acquisition was in Panmana Village and the acquisition was pursuant to Section 4(1) notification published on 22/1/2000. The Land Acquisition Officer awarded land value at the rate of Rs.13,859/- per Are. The court below on evaluating the evidence refixed the land value at Rs.39,000/- per Are. 2. The learned counsel for the appellant would draw our attention to the judgment of this court in L.A.A. Nos.996/2010, 997/2010 and 1018/2010. We notice that under those judgments, value of identical land acquired for the same purpose has been refixed by this court. We notice that under those judgments, the rate of enhancement has been limited by this LAA.No.1013/2010 2 court to 60% of what was awarded by the Land Acquisition Officer. We feel that the respondents/claimants also cannot aspire for enhancement at more than 60%. In the above view, we allow this appeal and refix the market value of the land at Rs.22,175/- per Are. The claimants will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total refixed compensation to which they become eligible by virtue of this judgment. The Registry will issue decree copy to the appellant only after ensuring that the conditions imposed by us in the order on the delay petition (C.M.Appln.1523/2010) are complied with and that the full balance court fee is remitted. The appeal is allowed. However, without any order as to costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk