IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 LA.App..No. 996 of 2010(D) -------------------------- LAR.115/2003 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): CLAIMANT AND FIRST RESPONDENT -------------------------------------------- 1. PRIYAMVADA, D/O.NARAYANI, PANDAKASALA KUNNIL VEEDU, PANMANA MURI, PANMANA, KOLLAM 691 583. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-691 001. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R2 SRI.PRATHEESH.P FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2011, ALONG WITH CO NO. 109 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.996 OF 2010 ------------------------ Dated this the 15th day of March, 2011 JUDGMENT Pius C.Kuriakose, J. The requisitioning authority, Inland Waterways Authority of India, challenges the award of the Reference Court. The property was in Panmana Village of Kollam District. Under the impugned award, the Reference Court has granted enhancement above 60% of what was awarded by the Land Acquisition Officer. We notice earlier judgments of this court fixing the market value of lands acquired in Panmana village for the same purpose at 60% above the rate awarded by the Land Acquisition Officer. 2. Relying on those judgments, we allow this appeal and refix the market value of land under acquisition at Rs.21,065/- per Are. Needless to mention that the claimant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and section 28 of the Act on the refixed compensation. The parties are directed to suffer their respective costs. The Registry will issue decree copy to the appellant only L.A.A.No.996/2010 2 after ensuring that the appellant has complied with the conditions imposed by us in our order dated 9/3/2011 in C.M.Appln.1498/2010. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk