IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 LA.App..No. 901 of 2004() ------------------------- LAR.125/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): B RESPONDENT -------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND A RESPONDENT --------------- 1. SARASWATHY, W/O.CHELLAPPAN, SANTHOSH BHAVANAM, THOTTAPPALLY, PURAKKAD VILLAGE, ALAPPUZHA. 2. STATE OF KERALA-REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPL. TAHSILDAR (LA), N.W. NO. III, ALAPPUZHA. ADV. SRI.P.SREEKUMAR FOR R1 SRI.K.S.MANU (PUNUKKONNOOR) FOR R1 GOVT. PLEADER SRI.BIJOY CHANDRAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 901 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. We have already dealt with appeals raising similar grounds and pertaining to acquisition for the same purpose wherein the land acquisition officer had treated the lands to be of the same value as in the present case( see our judgment in L.A.A.Nos. 107, 162, 173 , 180 of 2006). 2. Following our judgment in those cases, this appeal is allowed to the extent of refixing the market value of the land at Rs. 14,350/- per Are. We do not find any ground to interfere with the award of enhanced structure value by the land acquisition officer. It is needless to mention that the claimant/respondent will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Land Acquisition Act for the total enhanced compensation ( inclusive of solatium) to which he becomes eligible by virtue of our refixation under this judgment. The appeal is allowed as above, but ,in the circumstances, without any order as to costs. PIUS.C.KURIAKOSE, JUDGE P.Q.BARKATH ALI, JUDGE sv sv.