High Court Kerala High Court

Inland Waterways Authority Of … vs Abdul Rahim Musaliar on 23 September, 2009

Kerala High Court
Inland Waterways Authority Of … vs Abdul Rahim Musaliar on 23 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 794 of 2007()


1. INLAND WATERWAYS AUTHORITY OF INDIA,
                      ...  Petitioner

                        Vs



1. ABDUL RAHIM MUSALIAR,
                       ...       Respondent

2. STATE OF KERALA - REPRESENTED BY SPL.

                For Petitioner  :SRI.V.SANTHARAM, SC, IWAI

                For Respondent  :SRI.V.MADHUSUDHANAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :23/09/2009

 O R D E R
                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/-