IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 LA.App..No. 1777 of 2007() -------------------------- LAR.37/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT: ---------------------------------- 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): CLAIMANT AND FIRST RESPONDENT: --------------------------------------------- 1. VENU, BINDU BHAVANAM, MAVELIKARA SOUTH, MUTHUKULAM-THEKKUM MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA REPRESENTED BY SPL.TAHSILDAR (L.A), NATIONAL WATERWAY NO.III, ALAPPUZHA. ADV. SRI.R.REJI FOR R1 SRI.B.BIPIN FOR R1 BY GOVT.PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1777 OF 2007 ------------------------ Dated this the 7th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal preferred by the requisitioning authority. Under the impugned judgment, the reference court has granted cent percent enhancement for dry lands under acquisition i.e. enhancement from 12,109/- per Are to Rs.24,218/- per Are. But, in the case of wet lands, the learned subordinate Judge granted 200% enhancement i.e. enhancement from Rs.494/- per Are to Rs.1482/- per Are. 2. Having gone through the impugned judgment and having considered the submissions addressed by Sri.V.Santharam learned counsel for the appellant and Sri.R.Reji, learned counsel for the claimant, we are of the view that in the matter of refixation of the market value of wet lands the learned subordinate judge is on a high side. But in the case of dry lands enhancement granted is approvable. 2. Accordingly, we approve the enhancement granted in respect of dry lands, while we are interfering with the L.A.A..No.1777/2007 2 enhancement granted in respect of the wet lands we refix the value of wet lands at Rs.1200/- per Are. This means that in the case of wet lands actual enhancement granted will be Rs.706/- only. The appeal will stand allowed to that extent only. The parties are directed to suffer their costs. It is made clear that the claimant will be entitled for all statutory benefits under Section 23 (2) 23(1A) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of our refixation of the land value under this judgment. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk