IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 LA.App..No. 1242 of 2009() -------------------------- LAR.92/2002 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.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. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND FIRST RESPONDENT --------------------------------------------- 1. ANCILY ALEXANDER, S/O.ALEXANDER, VALEL PUTHUVAL, AZHEEKAL, ALAPPAD, KOLLAM. 2. RETHA ALEXANDER, VALEL PUTHUVAL, AZHEEKAL, ALAPPAD, KOLLAM. 3. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOLLAM. BY GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 1242 OF 2009 ------------------------ Dated this the 20th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal by the requisitioning authority pertains to acquisition of land in Alappad village of Kollam District for the purpose of National Waterways No.III. The acquisition was pursuant to a Section 4(1) notification dated 22/12/1998. The Land Acquisition Officer awarded land value at the rate of Rs.11,208/- per Are. The Reference Court on evaluating the evidence granted enhancement of Rs.6725/- over what was granted by the Land Acquisition Officer, thus granting enhancement of 60%. 2. Having gone through the impugned judgment and having considered the submissions of Sri.V.Santharam, learned counsel for the appellant, we are of the view that the findings of the learned Sub Judge regarding the market value of the property under acquisition is founded on evidence, which was available on record. The approach of the learned Sub Judge was quite reasonable and we are of the view that it is almost the correct LAA.No.1222/2009 2 market value of the acquired property at the relevant time which has been arrived at by the learned Sub Judge. The appeal will stand dismissed in limine. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk