IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 LA.App..No. 387 of 2004() ------------------------- LAR.21/2001 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): ADDITIONAL B RESPONDENT ------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND RESPONDENTS ---------------------------------------- 1. RAVINDRAN NAIR, CHAMPASSERIL, CHINGOLI, ALAPPUZHA. 2. BHASKARAN NAIR, CHAMPASSERIL, CHINGOLI, ALAPPUZHA. 3. SANTHAKUMARI, CHAMPASSERIL, CHINGOLI, ALAPPUZHA. 4. STATE OF KERALA-REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.JOHN BRITTO FOR R1 TO 3 SRI.C.A.RAJEEV FOR R1 TO R3 GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009, ALONG WITH LAA NO. 900 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.Nos.387 & 900/2004 ------------------------ Dated this the 16th day of July, 2009 JUDGMENT Pius C.Kuriakose, J. These are appeals filed by the requisitioning authority – Inalnd Waterways Authority of India. The acquisition was of property in Thakazhy Village in Alappuzha District for the purpose of widening of National Water Ways No.III. Relevant Section 4(1) notifications were published on 3-5-1999 and on 22-5-2000. The land acquisition officer categorised the land under acquisition as dry and wet lands. For dry lands, the land acquisition officer awarded land value at the rate of Rs.12,109/- per Are and for wet lands he awarded land value at Rs.494/- per Are. Under the impugned judgment the reference court refixed the land value at Rs.15,136/- and thereby granting 25% increase over the value which was awarded by the land acquisition officer. We are informed that the enhancement at the above rate for dry land has been approved by this court in other cases (L.A.A. No.386/2004 and others) In fact, Sri.V.Santharam, learned LAA.Nos.387 & 900/2004 2 standing counsel for the appellant would raise more forceful arguments challenging the enhancement granted by the reference court for the wet land. It is seen that under the impugned judgment, value of wet land was enhanced by 200% i.e. enhancement has been granted at the rate of Rs.988/- per Are. 2. Having considered the rival submissions and having made reappraisal of the evidence which was available on record, we are of the view that refixation of the market value of the wet land under acquisition by the learned Subordinate Judge was on a slightly high side. On a better assessment of the market value in the light of the evidence, the market value of the wet land under acquisition will come to Rs.1,200/- per Are. Accordingly, to the extent the appeals pertain to wet land, we refix the value of wet land at Rs.1200/- per Are. The appeals are allowed to the above extent. It is needless to mention that the appellant claimant will be entitled for all statutory benefit admissible under Section 23(1A) 23(2) and Section 28 of the Land acquisition Act on the total enhanced compensation to which them become eligible on account of our LAA.Nos.387 & 900/2004 3 refixation of the land value under this judgment. Parties are directed to suffer their respective costs in these appeals. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk