IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 LA.App..No. 1003 of 2007() -------------------------- LAR.411/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): B-RESPONDENT -------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI- 682018, REPRESENTED BY ITS DIRECTOR, S.DANDAPAT (NOW OFFICE AT HOUSE NO.1/631/A, KANNADIKAD AREA, MARADU P.O., KOCHI- 682 304). BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND A- RESPONDENT ----------------------------------------- 1. SUKUMARAN, S/O.NEELAKANDAN, KAYIPARAMBIL, PALLATHURUTHY, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.J.OM PRAKASH FOR R1 SENIOR GOVT.PLEADER SRI.V.T.K.MOHANAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/03/2010, ALONG WITH LAA.464 OF 2008 AND LAA.1004 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA.1003/07 ORDER ON I.A.2540 OF 2007 IN LAA.1003 OF 2007 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 1.3.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------------------------------- L.A.A.Nos.1003& 1004 of 2007 & 464 of 2008 ------------------------------------------------------------------- Dated this the 1st day of March, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. All these appeals are preferred by the requisitioning authority. They pertain to acquisition of land in Mullackal village in Alappuzha District for widening of narrow stretches of National Waterway No.III. Land Acquisition Officer awarded land value at Rs.11,386/- per Are. Under the impugned judgment the reference court refixed the land value at Rs.40,000/- per Are. 2. We have heard the submissions of Mr.V. Santharam learned counsel for appellant and those of Mr. J. Om Praksh and Mr.S. Shanavas Khan, learned counsel for respondents. Our attention is drawn by Mr.Santharam to the judgment of this court in LAA.No. 1020/05 which was authored by one among us (PCK(J)) for another Bench of this court. We notice that the said appeal pertains to an identical case in the same village. Copy of the judgment is before us. Under that judgment, this court interfered with the judgment and decree of the reference court and refixed the land value LAA.1003 &1004/07 & 464/08 2 at Rs.34,158/- per Are. We are of the view that for the reasons stated in that judgment these appeals are also liable to be allowed. Hence we set aside the judgment and decree impugned and refix the land value at Rs.34,158/- per Are following the judgment of this court in LAA.No.1020/05. Appeals are allowed to the above extent. It is needless to mention that the claimants will be entitled for all statutory benefits on the total enhanced compensation by virtue of refixation under this judgment. Parties are directed to suffer their costs. 3. In LAA.1004/07 we find that even the enhancement granted by the reference court towards compensation for the building is under challenge. But having gone through the impugned judgment in that case we feel that the enhancement granted by the Sub Judge towards value of building is not excessive. We confirm the enhancement granted for the building in that case. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb