IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 LA.App..No. 1418 of 2009(D) --------------------------------------- [LAR.NO.19/2001 OF SUB COURT, MAVELIKKARA] .................... APPELLANT/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, S.C, I.W.A.I. RESPONDENTS/CLAIMANT AND FIRST RESPONDENT: ------------------------------------------------------------------------------ 1. KAMALAMMA, THOTTAPPURATHU,CHERUTHANA,HARIPAD. 2. STATE OF KERALA- REPRESENTED BY SPL.TAHSILDAR (L.A), NATIONAL WATERWAY NO.III,ALAPPUZHA. R1 BY ADVS. SRI.S.PRAKASH, SRI.SYAM T MATHEW, R2 BY GOVERNMENT PLEADER SMT. T.T. JOSEPHINA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS.C.KURIAKOSE & P.BHAVADASAN, JJ. -------------------------------------------------------- L.A.A.No.1418 of 2009 -------------------------------------------------------- Dated this, the 6th day of July 2011 Judgment Pius.C.Kuriakose, J. Under challenge in this appeal preferred by the requisitioning authority – Inland Waterways Authority of India, is the award of the reference court, re-fixing the land value of wet and dry lands acquired for the purpose of widening the National Waterway and fixing up of Waterways Terminal. The property was in Cheruthana village. We notice that under the impugned award, the reference court has re-fixed the market value of dry lands by awarding cent percent increase. Under the impugned award, the value of dry land has been enhanced by 50% over what was awarded by the Land Acquisition Officer. We also notice the judgments of this court by which re- fixation of land value of dry lands upto 100% above the rate awarded by the Land Acquisition Officer has been done. Thus, we do not find any justification for interfering L.A.A.1418/09 2 with the value awarded by the reference court for the dry lands. 2. But, in respect of wet lands, we find that the original rate of Rs.494/- per Are has been enhanced to Rs.2,276.55 per Are. We are of the view that the above enhancement is excessive. In this connection, we notice the judgment of this court in L.A.A.No.609/06. Under that judgment, we have re-fixed the value of wet lands identical to the wet lands under acquisition in the present case, @ Rs.1,235/- per Are, granting enhancement by 150% above what was awarded by the Land Acquisition Officer. In the light of the said judgment, this appeal has to be allowed in part. The land value awarded for wet lands will stand re- fixed @ Rs.1,235/- per Are. The land value awarded for dry lands, is confirmed. The claimants will be entitled to all statutory benefits resulting from the re-fixation of land value under this judgment admissible under Sections 23(1A), 23 L.A.A.1418/09 3 (2) and 28 of the Land Acquisition Act. The appeal is allowed in part, however, without any order as to costs. PIUS.C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE sta L.A.A.1418/09 4