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 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 LA.App..No. 1409 of 2009() -------------------------- LAR.232/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, 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. INDIRA, D/O.SUBHADRA, VELIYIL REMYA BHAVAN, NEENDAKARA, KOLLAM. 2. STATE OF KERALA- REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER SRI.SHYSON P.MANGHUZHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1409 of 2009 B ``````````````````````````````````````````````````````` Dated this the 26th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. This is an appeal filed by the requisitioning authority. The case pertains to acquisition of land in Neendakara village of Kollam district. On going through the impugned judgment, it is seen that the rate of enhancement is 40% over what was awarded by the Land Acquisition Officer. Having gone through the impugned judgment, we are of the view that the enhancement granted is not excessive. We dismiss the appeal but making it clear that in case the claimant respondent prefers an appeal against the impugned judgment, the appellant will be entitled to resist that appeal on all available grounds including the grounds raised in this appeal. Sd/- (PIUS C. KURIAKOSE, JUDGE) Sd/- (K.SURENDRA MOHAN, JUDGE) aks // True Copy // P.A. To Judge