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 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 LA.App..No. 1287 of 2009(B) -------------------------------- LAR.45/2002 of ADDL.SUB COURT,KOLLAM .................... 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. JULI ALOSIOUS, W/O.ALOSIOUS GEORGE, KULANGARA BHAGOM, CHAVARA, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1287 of 2009 ------------------------------------------------ Dated this the 28th day of October, 2009 JUDGMENT Pius C. Kuriakose, J This appeal is by the Requisitioning Authority/ Inland Waterways Authority of India. The case pertains to acquisition of land in Chavara village in Kollam district. It is seen from the impugned judgment that the learned Subordinate Judge has awarded 60% enhancement over what has been awarded by the Land Acquisition Officer. We had occasion to deal with L.A.A.1240/04 pertaining to acquisition of land for the same purpose in the same village. Under the judgment in that appeal, we approved the enhancement of land value by 60%. We, therefore, are not inclined to L. A. A. No.1287 of 2009 -2- entertain this appeal. This appeal will stand dismissed. It is made clear that this judgment will not cause any prejudice to the appellant in appeals, if any, which are filed by the claimants either in this case or other connected matters. It is open to the appellant to take all available contentions in the prospective appeals. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-