IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 LA.App..No. 1445 of 2005(A) --------------------------------- LAR.85/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT: ----------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS & FIRST RESPONDENT: ----------------------------------------------------------- 1. MANIYAPPAN, PUTHUVELIL VEETTIL, KIZHAKKEKARA SOUTH MURI, THRIKKUNNAPPUZHA VILLAGE. 2. INDIRA, PUTHUVELIL VEETTIL, KIZHAKKEKARA SOUTH MURI, THRIKKUNNAPPUZHA VILLAGE. 3. STATE OF KERALA, REPRESENTED BY SPL.TAHSILDAR (L.A.), NATIONAL WATERWAY NO.III, ALAPPUZHA. BY SR. GOVT. PLEADER SMT. LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009,ALONG WITH LAA NO.314/05 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. Nos.1445, 314, 299, 257 of 2005, 642 of 2006 ------------------------------------------------ Dated this the 23rd day of September, 2009 JUDGMENT Pius C. Kuriakose, J All these appeals are preferred by the Requisitioning Authority. The cases pertains to acquisition of land in Thrikkunnappuzha village of Alappuzha district for the purpose of widening of National Waterway No.III. The Land Acquisition Officer awarded land value at the rate of Rs.17,188/- per Are. The Reference Court on the basis of the evidence which come on record re-fixed the land value at varying rates i.e. Rs.25,000/-, Rs.30,000/-, Rs.39,024/-, Rs.40,000/- and Rs.48,780/- per Are. 2. We heard the submissions of Mr.V.Santharam, L. A. A. Nos.1445/05 & con. cases -2- the learned counsel for the appellant/Requisitioning Authority and those of Mr.S.Shanavas Khan and Mr.Krishna Mani, the counsel appearing for some of the claimants/respondents. We have scanned the impugned judgment in all these cases. We have made an entire re-appraisal of the evidence which is available before the Reference Court. We feel that it is not the correct market value of the lands which has been fixed by the learned Subordinate Judge under the impugned judgments. On a correct assessment of the market value based on the evidence available on records, the maximum land value which could have been fixed by the learned Subordinate Judge is Rs.38,675/- per Are. Accordingly, in modification of the judgments and decrees impugned in L.A.A Nos.642/06, 299/05 and in 257/05, we re-fix the market value of the lands involved in these cases at L. A. A. Nos.1445/05 & con. cases -3- Rs.38,675/- per Are. All these appeals, accordingly, will stand allowed to the above extent. L.A.A Nos.1445/05 and 314/05 will stand dismissed, but in the circumstances, without any order as to costs. It is needless to mention that for the total enhanced compensation to which the concerned claimants become eligible by virtue of the re-fixation made under this judgment, they will be entitled for all statutory benefits admissible under Sections 23(2), 23 (1A) and 28 of the Land Acquisition Act. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-