IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 LA.App..No. 212 of 2011 ------------------------- APPELLANT/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 P.O., KOCHI-682 304. BY ADV. MR.V.SANTHARAM, SC, IWAI RESPONDENTS/CLAIMANT AND FIRST RESPONDENT: --------------------------------------------------------- 1. SHIBU C.SENAN, S/O.CHANDRA SENAN, SARALA SADANAM, VALIYA PARAMBU P.O., THRIKKUNNAPPUZHA, ALAPPUZHA-690 566. 2. N.SARALA, SARALA SADANAM, VALIYA PARAMBU P.O., THRIKKUNNAPPUZHA, ALAPPUZHA-690 566. 3. SHAJI.C.SENAN, SARALA SADANAM, VALIYA PARAMBU P.O., THRIKKUNNAPPUZHA, ALAPPUZHA-690 566. 4. SHIBA SENAN @ SHAJU S.ANIYAN, SARALA SADANAM, VALIYA PARAMBU P.O., THRIKKUNNAPPUZHA, ALAPPUZHA-690 566. 5. SHEELA SARAL, SARALA SADANAM, VALIYA PARAMBU P.O., THRIKKUNNAPPUZHA, ALAPPUZHA-690 566. 6. SHIJI C.SENAN, SARALA SADANAM, VALIYA PARAMBU P.O., THRIKKUNNAPPUZHA, ALAPPUZHA-690 566. 7. STATE OF KERALA, REPRESENTED BY SPL.TAHSILDAR (LA), NW-III, ALAPPUZHA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ L.A.A.No.212 Of 2011 ---------------------- Dated this the 15th day of March, 2011. J U D G M E N T The 2nd respondent in L.A.R.No.86 of 2001 on the file of the Sub Court, Mavelikkara is the appellant. The appellant is the requisitioning authority. The property owned by the claimants had been acquired for widening of narrow stretches of National Waterway No.III. An extent of 1.80 Ares of land owned by the claimants 1 to 6 was acquired. The Land Acquisition Officer fixed the land value at Rs.20,316/- per Are. The reference court re- fixed the land value at Rs.35,000/- per Are thus allowed an enhanced land value of Rs.14,684/-. This case was tried along with three other similar matters. Considering the importance of the land and its potentiality, the reference court concluded that the property fetch market value of Rs.35,000/- per are. 2. This Court in L.A.A.No.798/2007 and connected cases considered the case of acquisition of adjacent land for the very same purpose of widening of narrow stretches of National Waterway No.III. Since the land in the present case and the land involved in L.A.A.No.798/2007 are under the same category, the ::2:: L.A.A.No.212 Of 2011 Land Acquisition Officer fixed the very same land value of Rs.20,316/- per Are in both cases. The reference court in the said connected cases re-fixed the land value at varying rates in the four connected cases. All the four appeals filed by the requisitioning authority was disposed of by a common judgment. The court after considering the question on merits confirmed the decision of the reference court. 3. The learned counsel for the appellant brought to the notice of this Court a mistake in the judgment in L.A.R.No.86/2001 under appeal that in clause (e) the reference court held that the claimants are not entitled to get interest from 16.07.2005, the date of closure of reference for his default till 16.7.2005, the date of restoration of reference as per order dated 20.3.2009 of this Court in W.P.(C).No.5208/2009. While stating the date of closure of reference for default, it is correctly stated as 16.7.2005, but the date of restoration of reference is also stated as 16.7.2005 instead of 20.3.2009. Clause (e) of the judgment and decree is corrected accordingly. ::3:: L.A.A.No.212 Of 2011 4. In view of the fact that the fixation is more or less the same value as fixed by the same courts and confirmed by this Court in L.A.A.No.798/2007 and other connected cases, I do not find any reason for interference with the re-determination of the market value of the land under acquisition. The appeal is devoid of any merit and accordingly, dismissed. No order as to costs. HARUN-UL-RASHID, Judge. bkn/-