IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 LA.App..No. 626 of 2005 & Cross Objection No.80/2005 ------------------------- LAR.338/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 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): CLAIMANT AND RESPONDENT. --------------------------------------- 1. BHASURANGAN, NADUVELIKKATTIL, THOTTAPPALLI, PURAKKAD VILLAGE, ALAPPUZHA DISTRICT. (DIED) 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA (SPECIAL TAHSILDAR (LA), N.W. NO.III, ALAPPUZHA. ADDITIONAL RESPONDENTS 3. SARASAMMA, W/O LATE BHASURANGAN RESIDING AT A- 5/12, SUNDER NAGAR MALAD ( WEST), MUMBAI - 400 064 4. SANJAY BHASURANGAN, S/O LATE BHASURANGAN RESIDING AT A- 5/12, SUNDER NAGAR MALAD ( WEST), MUMBAI - 400 064 5. SUCHITHA BHOSALE, D/O LATE BHASURANGAN RESIDING AT A- 5/12, SUNDER NAGAR MALAD ( WEST), MUMBAI - 400 064 Legal representatives of deceased first respondent impleaded as additional respondents 3 to 5 vide order dated 3-08-09 in I.A.No.3371/2006 BY SRI.D.ANIL KUMAR FOR R1 GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 626 OF 2005 & Cross Objection No.80 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2009 JUDGMENT Pius.C.Kuriakose, J. This is an appeal by the requisitioning authority - Inland Waterways Authority of India. The acquisition was pursuant to Section 4(1) notification published on 24-08-1999 for the purpose of widening of narrow stretches of National Waterway No.III. The land acquisition officer awarded land value of Rs.6829/- per Are which was enhanced by the reference court under the impugned judgment to Rs.15,000/- per Are. We had occasion to decide a large number of cases pertaining to similar acquisition of properties in Purakkad village itself. L.A.A.No.106/2006 was one of them. For the reasons stated in the judgment in L.A.A.No.106/2006 and in the other judgments pertaining to acquisition of land in Purakkad village, we are of the view that the value of land under acquisition is liable to be refixed at Rs. 14,350/- per Are. Accordingly, setting aside the judgment and decree under appeal, we refix the land value of properties at Rs. 14,350/- per Are. The appeal will stand allowed to the above extent. The claimant/respondent will be entitled for all statutory benefits admissible LAA.No.626/2005 2 under section 23(2), 23(1A) and Section 28 of the Land Acquisition Act on the total compensation to which they become eligible by virtue of our refixation. The appeal is allowed, but in the circumstances, without any order as to costs. Balance court fee on the cross objection is not yet remitted. We are not inclined to grant further time. The Cross Objection will stand rejected. Refund the court fee already paid on the memorandum of Cross Objection to Sri.D.Anil Kumar, learned counsel for the cross objector. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.626/2005 2