IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 LA.App..No. 903 of 2006(A) ------------------------------ LAR.425/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): B-RESPONDENT ------------------------------------ INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, REPRESENTED BY ITS DIRECTOR, S.SANDAPAT. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND A-RESPONDENT ------------------------------------------------------- 1. K.S.JAYANANDAN, S/O.DIVAKARAN, KAYIPARAMBIL, PALLATURUTHY. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. GOVT. PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.903 of 2006 ------------------------------------------------ Dated this the 26th day of October, 2009 JUDGMENT Pius C. Kuriakose, J The Requisitioning Authority/Inland Waterways Authority of India is in appeal. The acquisition of land was in Mullackal village in Alappuzha district for the purpose of setting up of waterways terminal and also widening of narrow stretches of national waterways. The Land Acquisition Officer awarded land value at the rate of Rs.11,386/- per Are. The Reference Court under the impugned judgment re-fixed the same at Rs.40,000/- per Are. 2. Our attention is drawn by the learned counsel for the appellant to our own judgment in L. A. A. No.903 of 2006 -2- L.A.A.1020/05 pertaining to acquisition of land for the same purpose in Mullackal village. Even though the request for reduction of the amount is opposed by the learned counsel for the respondent, having regard to the decision taken by us in L.A.A.1020/05, the impugned judgment and decree have to be interfered with. Accordingly, in modification of the land value fixed under the impugned judgment, we re-fix the land value at Rs.34,150/- per Are. 3. The appeal is allowed to the above extent. It is made clear that the respondent will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which the respondent becomes eligible by virtue of the re- fixation done under this judgment. Parties are directed L. A. A. No.903 of 2006 -3- to suffer their costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-