IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 LA.App..No. 617 of 2006(D) ------------------------------- LAR.69/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND 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): CLAIMANT AND IST RESPONDENT ----------------------------------------------------------- 1. YASODHARAN, BINOYBHAVAN, PALLANA, THRIKKUNNAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY SPL.TAHSILDAR (LA), NATIONAL WATERWAY NO.III, ALAPPUZHA. ADV. SRI.P.SREEKUMAR FOR R1 SRI.K.S.MANU (PUNUKKONNOOR) FOR R1 BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.617 of 2006 ------------------------------------------------ Dated this the 23rd day of September, 2009 JUDGMENT Pius C. Kuriakose, J This appeal by the Requisitioning Authority pertains to acquisition of land in Thrikkunnappuzha village for the purpose of widening of National Waterway No.III. The relevant Section 4(1) notification was published on 03/05/99. The Land Acquisition Officer awarded land value at the rate of Rs.5574/- per Are. Under the impugned judgment, the same was enhanced to Rs.13,935/- per Are, thus, giving an increase of 150% over what was awarded by the Land Acquisition Officer. 2. We have heard the submissions of L. A. A. No.617 of 2006 -2- Mr.V.Santharam, the learned Standing Counsel for the appellant and those of Mr.P.Sreekumar, the learned counsel for the claimant/respondent. We have heard the learned senior Government Pleader also. We have scanned the impugned judgment and we have made a quick survey of the evidence which is available in the case. We are of the view that the re-fixation of land value by the learned Subordinate Judge at Rs.13,935/- per Are is slightly on the higher side. In fact, we notice that in L.A.R.65/01, the very same learned Judge would re-fix land value at Rs.11,148-/- per Are only. On appreciation of the evidence, keeping in mind the statutory provisions as well as the judicial precedents governing the re-determination of the market value in land acquisition cases, we are of the view that the market value of the property under acquisition can be L. A. A. No.617 of 2006 -3- fixed at Rs.12,541.5/- per Are. Accordingly, modifying the impugned judgment and decree, we re-fix the land value of the lands under acquisition at Rs.12,541.5/- per Are. 3. The appeal will stand allowed to the above extent. It is made clear that on the total enhanced compensation to which the respondent becomes eligible by virtue of this judgment, he will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and 28 of the land acquisition Act. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-