IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 LA.App..No. 794 of 2007 ---------------------------- LAR.102/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDL.2ND RESPONDENT --------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018(PRESENT ADDRESS OF THE APPELLANT - HOUSE NO.1/631/A, KANNADIKADU AREA, MARADU P.O., KOCHI-682304), REPRESENTED BY ITS DIRECTOR S.DANDAPAT. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT ---------------------------------------------------------- 1. ABDUL RAHIM MUSALIAR, KATHALI CHIRAYIL, PATHIYANKARA P.O., THRIKKUNNAPPUZHA. 2. STATE OF KERALA - REPRESENTED BY SPL. TAHSILDAR(L.A), NATIONAL WATERWAY NO.II, ALAPPUZHA. ADV. SRI.V.MADHUSUDHANAN FOR R1 SRI.B.UNNIKRISHNA KAIMAL FOR R1 SRI.V.VENUGOPAL FOR R1 SRI.PRAMJI PAUL VAZHAPPILLY FOR R1 SRI.ANIL K.NAIR FOR R1 SR. GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.794 of 2007 ------------------------------------------------ Dated this the 23rd day of September, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the Requisitioning Authority. The acquisition of land was in Thrikkunnapuzha village. The relevant Section 4(1) notification was published on 03/05/1999. The Land Acquisition Officer awarded land value at the rate of Rs.10,053/- per Are. The Reference Court on the basis of the evidence which comes on record would re-fix the land value at Rs.24,390/- per Are. Thus, granting an increase of 143% over what was awarded by the Land Acquisition Officer. 2. Having heard the submissions of L. A. A. No.794 of 2007 -2- Sri.Santharam, the learned counsel for the appellant and having scanned the impugned judgment and having made a quick re-appraisal of the evidence, we are of the view that the market value re-determined by the Reference Court under the impugned judgment is slightly excessive. According to us, on a better assessment based on the same evidence, the market value can be re-fixed at Rs.22,619/- per Are. Accordingly, in modification of the impugned judgment and decree we re-fix the market value of the lands under acquisition at Rs.22,619/- per Are. 3. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that on the total enhanced compensation to which the claimant becomes eligible by virtue of this judgment, he will be L. A. A. No.794 of 2007 -3- entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-