IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 LA.App..No. 1075 of 2009() -------------------------- LAR.21/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX,PARAMARA ROAD, KOCHI-682018,REP.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): CLAIMANTS AND FIRST RESPONDENT --------------------------------------------- 1. LEKSHMIKUTTY AMMA, CHAKKALA KIZHAKKETHIL,CHERUTHANA VILLAGE, KARTHIKAPPALLY TALUK,MAVELIKARA. 2. STATE OF KERALA, REP.BY SPL.TAHSILDAR (LA), NATIONAL WATERWAY NO.III,ALAPPUZHA. GOVERNMENT PLEADER SMT.LATHA T.THANKPPAN FOR R2 SRI.S.PRAKASH FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ C.M.Appln. No.1462/2009 & L.A.A.No. 1075 OF 2009 ------------------------ Dated this the 1st day of July, 2010. JUDGMENT Pius C.Kuriakose, J. Delay is condoned subject to the following condition: The appellant authority shall pay a sum of Rs.500/- to the High Court Legal Services Committee within five days from today and produce receipt. 2. It is submitted by Sri.V.Santharam learned counsel for the appellant that amount will be readily paid. We accept the above submission and consider the appeal for hearing and disposal. 3. This appeal by the requisitioning authority pertains to acquisition of land in Cheruthana village pursuant to Section 4(1) notification published on 3/5/1999. The Land Acquisition Officer awarded value for dry lands at the rate of Rs.12,109/- per Are and for wet lands at the rate of Rs.494/- per Are. Under the impugned judgment, the Reference Court refixed the value of wet land at Rs.2023.60 per Are. Similarly, value of dry land was LAA.No.1075/2009 2 refixed at Rs.16,183.20 per Are. Our attention is drawn by Sri.Santharam to the judgment of this Court in L.A.A.No.609/2006. It is seen under that judgment that this Court has approved the enhancement in value of dry lands at the rates upto 100% over what was awarded by the Land Acquisition Officer. But, we see that value of wet lands has been refixed at Rs.1235/- per Are. Hence, this appeal has to be allowed to the extent it pertains to the value of wet lands. We refix the value of wet lands at Rs.1235/- per Are in modification of the award of the Reference Court. The appeal will stand allowed to the above extent. The parties are directed to suffer their respective costs. It is 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 total enhanced compensation to which she becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk