IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 LA.App..No. 1376 of 2009(D) --------------------------- LAR.42/2002 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------- INLAND WATERWAYS AUTHIRITY OF INDIA, PARAMARA SHOPPING COMPLEX,PARAMARA ROAD, KOCHI-682018,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): CLAIMANTS AND IST RESPONDENT ------------------------------------------- 1. PHILOMINA FERNANDEZ,NILMALA BHAVAN, KULANGARA BHAGAM,CHAVARA. 2. SANISIOUS,NILMALA BHAVAN,KULANGARA BHAGAM,CHAVARA. 3. SANIROSE,NILMALA BHAVAN,KULANGARA BHAGAM CHAVARA. 4. SAREENA,NILMALA BHAVAN,KULANGARA BHAGAM, CHAVARA. 5. 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 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1376 of 2009 ``````````````````````````````````````````````````````` Dated this the 18th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. Inland Waterways Authority of India is in appeal. Under the impugned judgment, the reference court granted enhancement by 60% over the land value which was granted by the Land Acquisition Officer. The property under acquisition was in Chavara village of Kollam district. The learned Sub Judge enhanced structure value also by 20% over what was awarded by the Land Acquisition Officer. Eventhough Sri.V.Santharam, learned counsel for the appellant, raised arguments based on the various grounds, having gone through the impugned judgment, we are of the view that the enhancement granted under the impugned judgment cannot be said to be excessive. The appeal will stand dismissed. However, we make it clear that this judgment will not cause any prejudice to the appellant in appeals, if any, which may be filed by the claimants in this case or in other connected matters LAA.1376/09 : 2 : pursuant to acquisition of land in Chavara village. If such appeals are filed, the appellant will have the liberty to take up all available contentions. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks