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 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 LA.App..No. 1477 of 2009(D) --------------------------- LAR.12/2007 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT ----------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, REPRESENTED BY ITS DIRECTOR.S. DANDAPAT, (NOW OFFICE AT HOUSE NO.1/631/A, KANNADIKADU AREA, MARADU P.O.,KOCHI-682304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND FIRST RESPONDENT ---------------------------------------------------------------------------------- 1. GEROGE JACOB,MAPPILASSERI, CHAMBAKULAM, AMICHAKARY, KUTTANADU. 2. MONCY POTHEN, W/O.V.A.POTHEN, VADAKKEKALAM HOUSE, VAZHICHERRY WARD, ALAPPUZHA. 3. V.P.KURIAN,S/O.LATE V.A.POTHEN, VADAKKEKALAM HOUSE, VAZHICHERRY WARD, ALAPPUZHA. 4. V.P.ABRAHAM,S/O.LATE V.A.POTHEN, VADAKKEKALAM HOUSE, VAZHICHERRY WARD, ALAPPUZHA 5. ANNI MATHEW D/O.LATE V.A.POTHEN, VADAKKEKALAM HOUSE, VAZHICHERRY WARD, ALAPPUZHA. 6. BEENA THOMAS,D/O.LATE V.A.POTHAN VADAKKEKALAM HOUSE, VAZHICHERRY WARD, ALAPPUZHA. 7. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA) GENERAL, ALAPPUZHA. BY GOVT.PLEADER SRI.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.4265 OF 2009 IN LAA NO.1477/2009 DISMISSED SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE 7/12/2009 TRUE COPY PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.1477 of 2009 ------------------------------------------- Dated this the 2nd day of December, 2009 JUDGMENT Pius C.Kuriakose,J. Inland Waterways Authority of India, the Requisitioning Authority is in appeal. The property under acquisition was in Mullackal Village of Alappuzha District. The L.A.Officer awarded land value at the rate of Rs.54,536/- per Are. The reference court under the impugned judgment, re-fixed the land value at Rs.1 lakh per Are. Having regard to the decision taken by this Court in LAA No.374/2004 which was a case pertaining to acquisition for the same purpose pursuant to the same notification in the same village, we are of the view that there is no ground for interference. The appeal is dismissed. No costs. However, we make it clear that in case the respondents come up in appeal against the impugned judgment, the appellant will have the liberty of resisting that appeal on all available grounds including the grounds raised in this appeal. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/