IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 LA.App..No. 122 of 2011 --------------------------- LAR.84/2003 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------------------- 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,KANADIKADU AREA, MARADU PO, KOCHI-682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT ------------------------------------------------------------ 1. BABU THULASEEDHARAN, AMBADI, MADATHIL KARYMMA, OACHIRA PO,KARUNAGAPPALLY TALUK, KOLLAM 690526. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-1. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.122 of 2011 ------------------------------------------------ Dated this the 15th day of June, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the Requisitioning Authority/Inland Waterways Authority of India pertains to acquisition of land and structures at Chavara village in Kollam District. Under the impugned award, the Reference Court has enhanced the land value by 60% and has enhanced the structure value by 27%. As far as the land value is concerned the issue is already decided against the appellant by judgment of this Court in LAA.1287/09. As regards the enhancement in structure value, though there was very stiff challenge by Sri.V.Santharam, the learned Standing Counsel for the appellant, we are not inclined to interfere as we feel that award of 27% increase is quite justified. The appeal will L. A. A. No.122 of 2011 -2- stand dismissed. However, we make it clear that in case the claimant comes up in appeal against the impugned award, this judgment will not stand in the way of the Requisitioning Authority resisting that appeal on all available grounds including the grounds raised in this appeal. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-