IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 LA.App..No. 45 of 2011() ------------------------ LAR.199/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX,PARAMARA ROAD, KOCHI-682 018,REP.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 FIRST RESPONDENT --------------------------------------------- 1. ALPHONSA CARDOZ,W/O.JOSEPH CARDOZ, NIXON COTTAGE,NEENDAKARA ,KOLLAM. 2. NIXON CARDOZ,S/O.JOSEPH CARDOZ, AGED 28,NIXON COTTAGE,NEENDAKARA ,KOLLAM. 3. JAQUILIN CARDOZ,S/O.JOSEPH CARDOZ, NIXON COTTAGE,NEENDAKARA ,KOLLAM. 4. STATE OF KERALA,REP.BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVT.PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 45 OF 2011 ------------------------ Dated this the 24th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. We are not inclined to entertain this appeal filed by the requisitioning authority, the Inland Waterways Authority of India. The case pertains to acquisition of land in Nendakara village. On going through the award of the Court below, we find that the enhancement granted is just 60% over what was awarded by the Land Acquisition Officer. We notice an earlier judgment of this court approving the enhancement at the above rate. The appeal will stand dismissed. However, we make it clear that in case the claimant comes up in appeal against the impugned award, it will be open to the appellant to resist that appeal on all available grounds including those grounds raised in this appeal memorandum. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk