IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 LA.App..No. 318 of 2009(D) -------------------------- LAR.100/2001 of SUB COURT, MAVELIKKARA .................... 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 P.O., KOCHI-682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND R1 ------------------------------- 1. MUMTHAS, D/O. EBRAHIMKUTTY, PATHIYANKARA MURI, THRIKUNNAPUZHA VILLAGE, MAVELIKKARA. 2. STATE OF KERALA, REPRESENTED BY SPL. TAHSILDAR (L.A.), NATIONAL WATERWAY NO.III, ALAPPUZHA. SR. GP SRI. BASANT BALAJI ADV. SRI.ANIL K.NAIR FOR R1 SRI.B.UNNIKRISHNA KAIMAL FOR R1 SRI.V.MADHUSUDHANAN FOR R1 SRI.V.VENUGOPAL FOR R1 SRI.S.SANKARAN THAMPI FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA.318/2009 ORDER ON I.A.941 OF 2009 IN LAA.318 OF 2009 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 25.1.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.318 of 2009 ---------------------------------- Dated this the 25th day of January, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. This appeal by the requisitioning authority pertains to acquisition of land in Thrikkunnapuzha village for the purpose of the appellant authority. Land Acquisition Officer awarded land value at the rate of Rs.10,053/- per Are, which was enhanced by the reference court to Rs.25,000/- per Are. Having gone through the impugned judgment and having considered the submissions addressed to us by the learned counsel for the appellant and respondents and having taken into account judgment of this court in LAA.794/2007 which is in respect of acquisition of identical property for the same purpose we are of the view that the impugned judgment warrants a slight interference. Accordingly modifying the judgment and decree we refix the value of land at Rs.22,690/- per Are. Appeal is allowed to the above extent. It is made clear that for the enhanced compensation to which the respondent becomes eligible by L.A.A.318/09 2 virtue of this judgment he will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. Appeal is allowed to the above extent but without any order as to costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb