IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 LA.App..No.742 of 2009 (A) -------------------------------- LAR.73/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S)/APPELLANTS/RESPONDENTS:- ----------------------------------------------------- STATE OF KERALA SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/RESPONDENTS/CLAIMANTS: ------------------------------------------------------- 1. ANANDAVALLY, BHAGAVATHIPARAMBIL, THRIKKUNNAPUZHA, 2. PAVANAN, BHAGAVATHI PARAMBIL, THRIKKUNNAPUZHA. 3. INLAND WATERWAYS AUTHORITY OF INDIA, (MINISTRY OF SHIPPING, GOVERNMENT OF INDIA) HAVING ITS REGIONAL OFFICE, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, COCHIN 682 018, REP. BY ITS DIRECTOR, S. DANDAPAT THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.742 of 2009 ------------------------------------------------ Dated this the 15th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This appeal preferred by the Government pertains to acquisition of land in Thrikkunnapuzha village for the purpose of Inland Water Ways Authority of India. The relevant section 4(1) notification was published on 03/05/99. The Land Acquisition Officer awarded land value at the rate of Rs.20,316/- per Are which was enhanced by the Reference Court under the impugned judgment to Rs.34,146/- per Are. 2. We have carefully gone through the impugned judgment. We find that the finding entered therein regarding the market value of the property acquired at the relevant time is based on Exts.A1 and A2 as well L. A. A. No.742 of 2009 -2- as the oral testimony of AW1. Ext.A2 was a relevant judgment. More importantly, there was absolutely no counter evidence adduced on the side of the Government as well as the requisitioning authority. We are not inclined to interfere with the enhancement of 70% over the Land Acquisition Officer's rates given under the impugned judgment. 3. The appeal will stand dismissed in limine. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-