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 18TH JANUARY 2010 / 28TH POUSHA 1931 LA.App..No. 2033 of 2008(C) ---------------------------------------- LAR.NO.96/2001 OF SUB COURT, MAVELIKKARA. .................... APPELLANT/ADDL.2ND APPELLANT: ----------------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA PARAMARA 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. MR.V.SANTHARAM, SC, IWAI. RESPONDENTS/CLAIMANTS AND FIRST RESPONDENT: -------------------------------------------------------------------------------- 1. RAJENDRAN, ASSARIKATTIL, THRIKKUNNAPPUZHA, KARTHIKAPPALLY, MAVELIKARA. 2. VANITHAMANI, ASSARIKATTIL, THRIKKUNNAPPUZHA, KARTHIKAPPALLY, MAVELIKARA. 3. STATE OF KERALA, REPRESENTED BY SPL.TAHSILDAR (LA) NATIONAL WATERWAY NO.III, ALAPPUZHA. R3 BY SR. GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------- L.A.A No.2033 of 2008 -------------------------- Dated this the 18th January, 2010 J U D G M E N T PIUS C. KURIAKOSE, J. The Requisitioning Authority is the appellant. The acquisition was of land in Thrikkunnapuzha village in Alappuzha District. The Land Acquisition Officer awarded the land value at the rate of Rs.10,053/- per are. The reference court enhanced the land value to Rs.24,390/- per are thus granting an increase of Rs.14,337/- over and above the rate granted by the Land Acquisition Officer. Though service is completed, the respondents have not chosen to enter appearance before this Court. 2. Our attention is drawn by the learned counsel for the appellant to the judgment of this Court in L.A.A No.794 of 2007. We notice that the above judgment is a relevant one. Under that judgment, the land value was re- fixed at Rs.22,619/- per are. We are of the view that following that judgment, this appeal can be allowed and the land value can be re-fixed at Rs.22,619/- per are. It is accordingly decreed. The judgment and decree under the L.A.A No.2033 of 2008 2 appeal is set aside and the land value is modified to Rs.22,619/-. Appeal is allowed to the above extent and the claimant will be entitled for all statutory benefits on the total compensation as re-fixed under this judgment. Parties will suffer their own costs. PIUS C. KURIAKOSE ,JUDGE C.K. ABDUL REHIM,JUDGE ma L.A.A No.2033 of 2008 3 L.A.A No.2033 of 2008 4