IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 LA.App..No. 47 of 2011() ------------------------ LAR.28/2003 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, REGIONAL OFFICE AT PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, (NOW OFFIE AT HOUSE NO.1/631/A, KANADIKADU AREA, MARADU P.O., KOCHI-682 304), REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT -------------------------------------------- 1. FREDI, NADUVALLI PURAYIDOM, MEKKAD MURI, PANMANA, KOLLAM-691 587. 2. STATE OF KERALA - REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-1. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2011, ALONG WITH L.A.A. NO.91/2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A..Nos.47, 50,73,81,91 OF 2011 ------------------------ Dated this the 20th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. These are all appeals preferred by the requisitioning authority- Inland Waterways Authority of India challenging the award passed by the Reference Court granting to the claimants' enhancement at 60% over what was awarded by the Land Acquisition Officer. Under the impugned award, it is seen that the Court below has awarded different amounts towards shifting charges also. While in certain cases Rs.5,000/- is awarded. In other cases Rs.7,000/- and upto Rs.10,000/- is awarded. 2. In these appeals various grounds are raised assailing the award of the enhanced land value as well as award of shifting charges. As for the enhanced land value, we notice the other judgments of this court approving enhancement of the LAA.Nos.47/2011 & others 2 land value by 60%, thus it is not possible to entertain these appeals to the extent the same pertain to the award of enhanced land value. 3. Coming to the award of shifting charges, we do notice merit in the submissions of Mr.Santharam, the learned counsel for the appellants, that shifting charges have been awarded without support of cogent evidence. At the same time, we are not inclined to entertain these appeals in respect of award of shifting charges also, as we find that it cannot be said that the amounts awarded are exorbitant. These appeals will stand dismissed. However, we make it clear that in case the respondents/claimants come up in appeals against the impugned award, it will be open to the appellant to resist those appeals on the basis of all the grounds raised in these appeals. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk LAA.Nos.47/2011 & others 3 PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk