IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 LA.App..No. 2111 of 2008() -------------------------- LAR.108/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT:- ----------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI 682 018, 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, SC, IWAI RESPONDENT(S)/CLAIMANT AND FIRST RESPONDENT: --------------- 1. SARASAMMA, VAZHAPPALLY HOUSE, PATHIYOOR, 2. STATE OF KERLA -REPRESENTED BY SPL. TAHSILDAR (LA),NATIONAL WATERAY, NO.III, ALAPPUZHA GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.2111 OF 2008 ------------------------ Dated this the 22nd day of February, 2010 JUDGMENT Pius C.Kuriakose, J. Fresh notice to the respondent is dispensed with since the respondent has not entered appearance despite notice on the delay petition. 2. The property in Thrikkunnapuzha village in Alappuzha District was acquired for the purpose of the appellant pursuant to Section 4(1) notification published on 3/5/1999. The Land Acquisition Officer fixed the land value at the rate of Rs.10,053/- per Are. The Reference Court under the impugned judgment refixed the same to Rs.2,43,900/- per Are. 3. Our attention is drawn by Sri.Santharam, learned counsel for the appellant to the judgment of this court in L.A.A. No.794/2007 and connected matters. Having gone through the above judgment, we notice that the same pertains to acquisition of identical property in the same village for the same purpose. We are of the view that the decision taken in that judgment is to be followed. Following that judgment, we allow the appeal and LAA.No.2111/2008 2 refix the market value of the land under acquisition at Rs.22,619/- per Are. The appeal is allowed to the above extent, but without any order as to costs. It is needless to mention that the claimant/respondent will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible by virtue of this judgment. Decree copy will be issued to the appellant only after ensuring that the cost ordered in the delay petition is paid. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk