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 1ST JULY 2009 / 10TH ASHADHA 1931 LA.App..No. 106 of 2006() ------------------------- LAR.109/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): B-RESPONDENT: --------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND A RESPONDENT: ----------------------------------------- 1. GOPALAN, S/O. NEELAKANDAN, CHIRAYIL, THOTTAPPALLY, PURAKKAD VILLAGE, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. (SPL. TAHSILDAR (LA), N.W.NO.III, ALAPPUZHA. ADV. SRI.P.GOPALAKRISHNAN NAIR FOR R1 SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.106 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. This is an appeal by the requisitioning authority - Inland Waterways Authority of India. The acquisition was for the purpose of widening of narrow stretches of National Waterway No.III. The relevant Section 4(1) notification was published on 23-07-1999. The land acquisition officer awarded land value at the rate of Rs. 6829/- per Are. The reference court under the impugned judgment has refixed the same at Rs. 25,000/- per Are. 2. We had occasion to deal with a large number of other cases pertaining to the same acquisition. See our common judgment in L.A.A.Nos.107, 162, 173 , 180 of 2006. Under that judgment, we have refixed the land value of those lands for which the land acquisition officer had awarded land value at the rate of Rs. 6829/- per Are at Rs. 14350/- per Are. For the reasons stated in that judgment, the land value of the properties under acquisition in this case has necessarily to be refixed at Rs. 14,350/- per Are. It is accordingly ordered. 3. Another ground which is seriously raised by the requisitioning LAA.No.106/2006 2 authority in this appeal is that the learned Subordinate Judge has granted exorbitant enhancement towards value of structures which existed on the acquired property. It is seen that enhancement of 175% has been granted by the land acquisition court towards value of structures. On going through the judgment , what we find is that the learned Subordinate Judge had evidence only on the side of the claimants to decide the value of the building. The aquisitioning authority did not produce before the reference court the PWD valuation on the basis of which that authority had determined the value of structures. 4. We feel that the issue as to what is the correct compensation to be paid to the claimant towards value of structures which existed on the property should be reconsidered by the learned Subordinate Judge. Accordingly, even as we finalise the issue of land value to be given to the respondent,we remand the LAR back to the reference court for the limited purpose of refixing the correct compensation to be paid to the claimant towards value of structures. It is open to the requisitioning authority and the government to produce the detailed valuation statement prepared by the PWD Engineer on the basis of which the award was passed by the land acquisition officer or any other evidence on the basis of which they would like to justify the award of the land acquisition officer pertaining to the LAA.No.106/2006 3 value of structures. If further evidence is adduced by the government or the requisitioning authority, that court shall permit the claimant to adduce counter evidence. Fresh decision will be taken on the issue on the basis of the entire evidence which came on record. Parties will appear before the reference court on 04/08/2009. Refund the full court fee paid on the memorandum of appeal to Sri.V.Santharam, learned counsel for the appellant. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.106/2006 4