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. 80 of 2005(D) ------------------------- LAR.116/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): -------------- 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): --------------- 1. PRATHAPAN, THEKKEKOTTARATHIL, THOTTAPPALLY, PURAKKAD VILLAGE. 2. STATE OF KERALA - REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. (SPL.TAHSILDAR (LA), N.W.NO.III, ALAPPUZHA. ADV. SRI.P.SREEKUMAR FOR R1 SRI.K.S.MANU (PUNUKKONNOOR) FOR R1 SR. GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009, ALONG WITH LAA NO. 81 OF 2005 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ. ---------------------------------------------------- LAA. Nos. 80, 81 & 83 of 2005, 231 & 433 of 2006 --------------------------------------------------------- Dated this the 1st day of July, 2009 J U D G M E N T Pius C.Kuriakose, J. All these appeals are filed by the requisitioning authority Inland Waterways Authority of India who are aggrieved by the enhancement of compensation by the land acquisition reference court. The properties under acquisition were all in Purakkad Village and the relevant section 4(1) notification was published on 24-8-1999. In all these cases, the L.A. Officer awarded land value at the rate of Rs.5260/- per Are which was enhanced by the reference court to Rs.14,250/-, Rs.14,218/- and Rs.20,000/- per Are. Thus it is seen that the learned Sub Judge has re-fixed the market value of the lands which were considered equally by the land acquisition officer for the purpose of his original award differently. 2. We have carefully gone through the impugned LAA. Nos.80/05 etc. -2- judgment of the land acquisition reference court. We are of the view that the appreciation of the evidence by the learned Subordinate Judge in these cases is not satisfactory. It is not relying on any particular document that enhancement at these rates have been granted. It is essentially by re-fixation on the basis of guess work with reference to the oral evidence adduced by the claimants that enhancement at these rates have been granted. According to us, it is not a good guess of the correct market value of the properties which has been made by the learned Subordinate Judge. On a better guess, in our opinion, the correct market value of the acquired lands for which L.A. Officer awarded Rs.5260/- will come to Rs.13,146/-. We re- fix the market value of the lands under acquisition in all these cases at Rs.13,146/- per Are. All these appeals will stand allowed to that extent only. It is needless to mention that the claimants respondents will be entitled for all LAA. Nos.80/05 etc. -3- statutory benefits under sections 23(2), 23(1A) and 28 of the Land Acquisition Act on the total enhanced compensation which becomes admissible to them. In all other respects the impugned judgments will stand confirmed. The parties are directed to suffer their costs. (PIUS C.KURIAKOSE, JUDGE) (P.Q.BARKATH ALI, JUDGE) ksv/-