IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 LA.App..No. 1328 of 2009 (B) -------------------------------- LAR.44/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, REPRESENTED BY ITS DIRECTOR, (NOW OFFICE AT HOUSE NO.1/631/1, KANADIKADU AREA, MARADU P.O., KOCHI-682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND FIRST RESPONDENT -------------------------------------------------------------- 1. DAVID, SUNITHA NIVAS, THAZHATHURUTHU, NEENDAKARA, KOLLAM. 2. MAJI, SUNITHA NIVAS, THAZHATHURUTHU, NEENDAKARA, KOLLAM. 3. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1328 of 2009 ------------------------------------------------ Dated this the 5th day of November, 2009 JUDGMENT Pius C. Kuriakose, J Inland Waterways Authority of India/the Requisitioning Authority is in appeal. The property under acquisition was at Neendakara village in Kollam district. Under the impugned judgment passed by the Reference Court, the enhancement granted is only 60% above the rate which was granted by the Land Acquisition Officer. 2. Having scanned the impugned judgment, we are of the view that the finding entered therein regarding the market value are founded on evidence. According to us, it is more or less the correct market L. A. A. No.1328 of 2009 -2- value of the property at the relevant time which has been arrived at by the learned Subordinate Judge. We are not inclined to entertain this appeal. This appeal is dismissed. No costs. 3. We clarify that this judgment will not cause any prejudice to the appellant in the event of the respondents filing any appeal against the impugned judgment. It is open to the appellant to raise contentions on all available grounds including the grounds raised in this appeal, if such prospective appeals are filed. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-