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. 796 of 2007(D) ------------------------------- LAR.93/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-18 (PRESENT ADDRESS OF THE APPLLANT - HOUSE NO.1/631/ A, KANNADIKADU AREA, MARADU P.O., KOCHI-682304), REPRESENTED BY ITS DIRECTOR S.DANDAPAT. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT ----------------------------------------------------------- 1. K.SOMARAJAN, SECRETARY, CHAITHANYA ARAYAKARAYOGAM, THIKKUNNAPUZHA, ALAPPUZHA. 2. STATE OF KERALA - REPRESENTED BY SPL. TAHSILDAR(L.A) NATIONAL WATERWAY NO.III, ALAPPUZHA. ADV. SRI.R.REJI BY GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.796 of 2007 ------------------------------------------------ Dated this the 23rd day of September, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the Requisitioning Authority. The acquisition of land was for the purpose of widening of National Waterway No.III. The property under acquisition was in Thrikkunnappuzha village. The Land Acquisition Officer awarded land value at the rate of Rs.10,582/- per Are. Under the impugned judgment, on evaluating the evidence, the learned Judge would re-fix the same at Rs.24,390/- per Are, thus, granting an enhancement of 130% over what was awarded by the Land Acquisition Officer. 2. We heard the submissions of Mr.V.Santharam, L. A. A. No.796 of 2007 -2- the learned counsel for the appellant and those of Mr.R.Reji, the learned counsel for the respondent/ claimant. We have made a re-appraisal of the evidence. We feel that the market value re-fixed by the learned Subordinate Judge under the impugned judgment is slightly excessive. On a better assessment of the market value, the same can be re-fixed at Rs.23,810/- per Are. In modification of the impugned judgment, we re-fix the market value at Rs.23,810/- per Are. 3. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that the respondent/claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and L. A. A. No.796 of 2007 -3- 28 of the land acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-