IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 LA.App..No. 2113 of 2008() -------------------------- LAR.187/2000 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S)/ADDL.R2: -------------- 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, KANDIKADU AREA, MARADU P.O., KOCHI 682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S)/CLAIMANT & R1: --------------- 1. JAMEELA, D/O. ELAYAPENNU, KADAVIL VEEDU ALAPPADU. 2. REKHA,D/O. VIMALA, CHEMPAKASSERIL VEEDU, AZHEEKADU THURA, 3. SUJATHA, W/O. SASIDHARAN, PUTHUMANNEL VEEDU, ALAPPADU. 4. P.S. MAHALEKSHMI, D/O. SASIDHARN, PUTHUMANNEL VEEDU, ALAPPADU. 5. P.S. JAYAKRISHNAN, S/O. SASIDHARAN, PUTHUMANNEL VEEDU, ALAPPADU. 6. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. SR.GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No. 2113 of 2008 ---------------------------------- Dated this the 19th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. As requested by Sri.Lakshmish Kamath, learned counsel for the appellant, we have posted this appeal agains as to be spoken to and we have heard him over again. This appeal filed by the requisitioning authority pertains to acquisition of land in Alappad Village of Kollam District for the purpose of widening of the National Waterways No.III. Land Acquisition Officer awarded land value at the rate of Rs.21,960/- per Are for dry land and Rs.2,317.50 per Are for water logged land. Reference court, on evaluating the evidence which came on record, would re-fix the value of both the categories of land at 60% over and above the rate granted by the Land Acquisition Officer. Eventhough the learned counsel for the appellant would assail the judgment of the reference court, having scanned the above judgment we are of the view that it is more or less the correct market value of the property at the relevant time that has been fixed under the impugned L.A.A.2113/08 2 judgment by the learned Subordinate Judge. We do not find warrant for interference. We dismiss the appeal in limine. We make it clear that in case the respondent prefers an appeal this judgment will not cause any prejudice to the contentions to be raised by him in the appeal in LAA.1197/2008, preferred by the claimant. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb