IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 LA.App..No. 1405 of 2009() -------------------------- LAR.207/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.R2: ---------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, REPRESENTED BY ITS DIRECTOR, (NOW OFFICE AT HOUSE NO.1/631/A, KANADIKADU AREA, MARADU P.O., KOCHI-682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND FIRST RESPONDENT: ---------------------------------------------- 1. JAMEELA BEEVI, LAILA MANZIL, CHANDANATHOPPU, KOTTANKARA. 2. STATE OF KERALA-REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, ALONG WITH LAA.1406/09 AND 1432/09 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. Nos.1405, 1406 & 1432 of 2009 ``````````````````````````````````````````````````````` Dated this the 20th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. These appeals are preferred by the requisitioning authority, namely Inland Waterways Authority of India. This case pertains to acquisition of land in Neendakara village of Kollam district. We notice that under the impugned judgment, the enhancement granted by the reference court is only 60% over what was granted by the Land Acquisition Officer. We notice our own judgment in L.A..A.No.1328/2009, approving enhancement at the same rate granted for properties in the same village acquired for the same purpose. Under these circumstances, we do not find any warrant for entertaining these appeals. These appeals will stand dismissed. However, we make it clear that this judgment approving the impugned judgment will not cause any prejudice to the requisitioning authority in case the claimant respondents come in appeal against the judgment of the reference court. In case any such appeals are filed, it will be open to the appellant to resist LAA.1405/09 & connected cases. : 2 : those appeals on all available grounds including the grounds raised in these appeals. We notice that under the judgment, which is impugned in L.A.A.No.1406/09, an amount of Rs.5,252/- is granted by the reference court towards injurious affection of the unacquired property. Eventhough Mr.V.Santharam argued that such grant was not justified, having gone through the impugned judgment, we are of the view that the remainder property of the claimant in that case was injuriously affected at least to the extent of Rs.5,252/-. In the result, these appeals are dismissed. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks