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 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 LA.App..No.369 of 2006(B) ----------------------------- LAR.58/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT ---------------------- REVI, ILLATHU HOUSE,PALLANA, THRIKKUNNAPPUZHA. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENT(S): RESPODNDENTS. --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLELECTOR, ALAPPUZHA. 2. INLAND WATERWAYS AUTHORITY OF INDIA, (MINISTRY OF SHIPPING GOVT. OF INDIA), HAVING ITS REGIONAL OFFICE, PARAMARA SHOPPING COMPLEX,PARAMARA ROAD, COCHIN-18, REPRESENTED BY ITS DIRECTOR S.DHANDAPATH. ADV. SRI.V.SANTHARAM, SC, IWAI FOR R2 BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009 A/W LAA.649/06 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L.A.A. Nos.649, 619, 870, 872, 414 and 369 of 2006 ------------------------------------------------ Dated this the 23rd day of September, 2009 JUDGMENT Pius C. Kuriakose, J L.A.A Nos.649/06, 619/06, 870/06 and 872/06 are appeals preferred by the Requisitioning Authority and L.A.A Nos.414 and 369 of 2006 are preferred by the claimants. These appeals pertain to acquisition of land in Thrikkunnappuzha village for the purpose of widening of National Waterways No.III. The relevant Section 4(1) notification was published on 03/05/1999. The Land Acquisition Officer awarded land value uniformly at Rs.6,131/- per Are. The Reference Court, however, would re-fix land value at different rates i.e. at Rs.12,262/- per Are, L.A.A. Nos.649/06 & con. cases -2- Rs.15,327.50/- per Are, Rs.17,500/- per Are and Rs.18,393/- per Are. The Requisitioning Authority in its appeal contend that the enhancement granted by the Reference Court is excessive. But the claimants in their appeal contend that what has been awarded by the Reference Court is inadequate. 2. We have heard the submissions of Sri.V.Santharam, the learned Standing Counsel for the Requisitioning Authority and those of Sri.P.Gopalakrishnan Niar, the learned counsel for the claimants. Sri.Santharam would assail the judgments of the Reference Court on the various grounds raised in the appeals preferred by them. Per contra, Sri.Gopalakrishnan Nair would argue that what has been granted under the judgment of the Reference Court which is at the rate of 185 percent and 200 L.A.A. Nos.649/06 & con. cases -3- percent respectively in L.A.A. Nos.414/06 and 369/06 is inadequate. 3. We have very anxiously considered the rival submissions addressed at the Bar. We have very carefully scanned the impugned judgments. We have made a quick re-appraisal of the evidence which was available before the Reference Court. We feel that it is not the correct market value which has been fixed by the Reference Court. On a better assessment of the market value based on the evidence available on record, the market value of the properties under acquisition at the relevant time will only be Rs.13,795/- per Are. 4. The result of the above discussions is that L.A.A.649/06, L.A.A.369/06 and L.A.A.414/06 will stand dismissed. All the other appeals will stand L.A.A. Nos.649/06 & con. cases -4- allowed re-fixing the market value of the properties under acquisition in those cases at Rs.13,795/- per Are. It is made clear that the claimants/respondents in those appeals will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. The parties will suffer their costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-