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 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App..No. 117 of 2011() ------------------------- LAR.55/2001 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 OFFI CE AT HOUSE NO.1/631/A,KANADIKADU AREA,MARADU PO.KOCHI-682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT -------------------------------------------- 1. BASHEERKUTTY,S/O.THANGAL KUNJU, SHAMEER MANZIL, NEENDAKARA MURI, KOLLAM 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN FOR R THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 117 OF 2011 ------------------------ Dated this the 16th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. The requisitioning authority - Inland Waterways Authority of India is in appeal. The properties under acquisition was in Neendakara village of Kollam District. The properties both dry land and wet land were acquired. For dry land the Land Acquisition Officer awarded land value at the rate of Rs.38162/- per Are and for the wet land he awarded Rs.25,248/- per Are. The Reference Court under the impugned judgment refixed the value of dry land at Rs.62,967/- per Are thereby granting enhancement by 65%. For the wet land also the Reference Court has enhanced the value by 65%. 2. We notice our own judgment in L.A.A. No.102/2011 pertaining to the acquisition of land in the same village for the same purpose. We find that under that judgment, we have confirmed the enhancement at 60% above what was awarded by the Land Acquisition Officer. Following the decision we have LAA.No.117/2011 2 taken in L.A.A. No.102/2011, we allow this appeal and refix the market value of dry land under acquisition at Rs. 61,060/-. Similarly, we refix the value of the wet land under acquisition at Rs.40,400/- per Are. The appeal is allowed to the above extent. On the refixed compensation, the claimant will be entitled for statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act, The Registry will issue decree copy only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk