IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 LA.App..No. 1370 of 2009() -------------------------- LAR.71/2001 of SUB COURT, MAVELIKKARA .................... 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): CLAIMANT AND FIRST RESPONDENT -------------------------------------------- 1. SARASWATHY KAMALASANAN, VAZHAPPARAMBIL, THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. 2. STATE OF KERALA - REPRESENTED BY SPL.TAHSILDAR (LA) NATIONAL WATERWAY NO.III, ALAPPUZHA. SR GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1370 of 2009 B ``````````````````````````````````````````````````````` Dated this the 19th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The requisitioning authority is in appeal. Under the impugned judgment, which pertains to acquisition of land in Thrikkunnappuzha village of Alappuzha district, the reference court has granted enhancement of land value by 60% of the rate granted by the Land Acquisition Officer. It is conceded by the learned counsel for the appellant himself that this Court had already approved enhancement at the above rate in other cases pertaining to acquisition of land for the same purpose in the same village. Hence, we dismiss this appeal. However, we make it clear that this judgment will not cause any prejudice to the appellant in any appeal, which may be preferred by the claimant against the impugned judgment. If any such appeal is filed, it will be open to the appellant to resist that appeal on all available grounds, including the grounds raised in this appeal. The learned counsel for the appellant also submits that certain errors have LAA.1370/09 : 2 : crept into the impugned judgment. We permit the appellant to make application under Section 152 or 153 of the Code of Civil Procedure for getting the errors corrected, provided the errors are as envisaged by Section 152. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks