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. 487 of 2009(B) ------------------------------- LAR.18/2007 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT. -------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI - 682 018, REPRESENTED BY ITS DIRECTOR, S.DANDAPAT, (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. ELIYAMMA LONY, W/O. LATE LONY, VADAKKE KALATHIL, VAZHICHERRY WARD, ALAPPUZHA. 2. V.L.JOSEPH, S/O. LATE LONY, VADAKKE KALATHIL, VAZHICHERRY WARD, ALAPPUZHA. 3. V.L.ABRAHAM, S/O. LATE LONY, VADAKKE KALATHIL, VAZHICHERRY WARD, ALAPPUZHA. 4. V.L.THOMAS, S/O. LATE LONY, VADAKKE KALATHIL, VAZHICHERRY WARD, ALAPPUZHA. 5. V.L.JOHN, S/O. LATE LONY, VADAKKE KALATHIL, VAZHICHERRY WARD, ALAPPUZHA. 6. JOHN ROSE JAMES, S/O. LATE LONY, VADAKKE KALATHIL, VAZHICHERRY WARD, ALAPPUZHA. 7. V.L.PHILIP, S/O. LATE LONY, VADAKKE KALATHIL, VAZHICHERRY WARD, ALAPPUZHA. LA.App..No. 487 of 2009(B) -2- 8. ANNIE JOHN, D/O. LATE LONY, VADAKKE KALATHIL, VAZHICHERRY WARD, ALAPPUZHA. 9. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA) GENERAL, ALAPPUZHA. ADV. SRI.C.A.RAJEEV FOR R2 SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN 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.487 of 2009 ------------------------------------------------ Dated this the 24th day of March, 2011 JUDGMENT Pius C. Kuriakose, J The Requisitioning Authority is the appellant. The property was in Mullakkal village of Alappuzha district. The Land Acquisition Officer awarded land value at the rate of Rs.54,536/- per Are. The Reference Court re-fixed the land value at Rs.1 lakh per Are. We notice the judgment of this Court in L.A.A.1401/09 and find that enhancement at the above rate has been approved by this Court. At the same time, we should further notice that the extent involved in this case was large. In view of the largeness of the extent, we are inclined to deduct land value by 10%. Hence, allowing the appeal, we re-fix the land value at Rs.90,000/- per Are. It is needless to mention that for this re-fixed land value the claimants will get all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. L. A. A. No.487 of 2009 -2- The appeal is allowed, however without any order as to costs. 2. Even though we find some merit in the submission of Sri.V.Santharam, the learned counsel for the appellant that the enhancement in the value of improvements was granted by the court below without any legal evidence on record, we are not on the facts and circumstances attending on this case inclined to interfere with the above enhancement. The enhancement given towards value of improvement will stand. 3. The Registry will issue decree copy only after ensuring that the conditions imposed by us while condoning the delay have been complied with and that the appellant has remitted the full court fee. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.487 of 2009 -3-