IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 LA.App..No. 908 of 2004() ------------------------- LAR.129/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): B-RESPONDENT: --------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI 682 018, REP. BY ITS DIRECTOR. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND A RESPONDENT: ----------------------------------------- 1. PONNAPPAN, S/O.VELAYUDHAN, SASIBAHVANAM, THOTTAPPALLY, PURAKKAD, ALAPPUZHA. 2. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ALAPPUZHA, SPECIAL TAHSIDLAR (LA) N.W.NO.III, ALAPPUZHA. ADV. SRI.P.SREEKUMAR FOR R1 SRI.K.S.MANU (PUNUKKONNOOR) FOR R1 SR.GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.908 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. This is an appeal preferred by the requisitioning authority-Inland Waterways Authority of India. The land acquisition officer awarded land value at the rate of Rs. 6260/- per Are which was refixed by the reference court at Rs. 14218/- per Are. By our judgments in L.A.A.Nos. 83/05, 81/05, 231/06 and 433/06 we have refixed the value of similar lands ( lands for which the land acquisition officer had awarded land value at the rate of Rs. 6260/- per Are) at Rs. 13,146/- per Are. Naturally the land value in this case also has to be refixed in the same manner so that there will be a uniformity in the values awarded by the reference court to the owners whose properties were treated alike by the land acquisition officer. 2. Another point which is raised and argued seriously by Sri.V.Santharam, learned counsel for the appellant that the court below was not justified in granting enhancement by Rs. l lakh towards the value of the building which existed on the acquired property. It is seen that the claimant/respondent relied on Ext.C1 report by the Advocate Commissioner as well as Ext.C2 valuation statement prepared by the Engineer who assisted the Advocate Commissioner. But the learned Subordinate Judge LAA.No.908/04 2 did not become inclined to rely on Ext.C1. In fact it has been found that Ext.C1 cannot be adopted as a safe basis for fixing the value of the property. The learned Subordinate Judge also noticed that it was not safe either to rely on Ext.C2 PWD valuation statement. Ultimately, what the learned Subordinate Judge did was to give an increase of 50% purely on guess work. We do not think that it is a good guess which was done by the learned Subordinate Judge. On making a good guess, the enhanced compensation to which the claimant will become eligible is Rs. 70,000/-. Accordingly, we refix the enhanced compensation to be awarded to the claimant towards building value at Rs.70,000/-. Thus refixing the compensation awarded by the land acquisition court on this count stands reduced by Rs. 30,000/-. The appeal will stand allowed as above. The claimant will be entitled for all statutory benefits on the enhanced compensation to which he becomes eligible by virtue of our refixation of compensation under this judgment. Parties will suffer their costs. It is needless to say that if the respondent has withdrawn more amount than what is due to him under this judgment, the appellant-requisitioning authority will be entitled for refund. PIUS.C.KURIAKOSE, JUDGE P.Q.BARKATH ALI, JUDGE sv. LAA.No.908/04 2