IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 80 of 2005(D)
1. INLAND WATERWAYS AUTHORITY OF INDIA,
... Petitioner
Vs
1. PRATHAPAN, THEKKEKOTTARATHIL,
... Respondent
2. STATE OF KERALA - REPRESENTED BY
For Petitioner :SRI.V.SANTHARAM, SC, IWAI
For Respondent :SRI.P.SREEKUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :01/07/2009
O R D E R
PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ.
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LAA. Nos. 80, 81 & 83 of 2005, 231 & 433 of 2006
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Dated this the 1st day of July, 2009
J U D G M E N T
Pius C.Kuriakose, J.
All these appeals are filed by the requisitioning
authority Inland Waterways Authority of India who are
aggrieved by the enhancement of compensation by the land
acquisition reference court. The properties under
acquisition were all in Purakkad Village and the relevant
section 4(1) notification was published on 24-8-1999. In all
these cases, the L.A. Officer awarded land value at the rate
of Rs.5260/- per Are which was enhanced by the reference
court to Rs.14,250/-, Rs.14,218/- and Rs.20,000/- per Are.
Thus it is seen that the learned Sub Judge has re-fixed the
market value of the lands which were considered equally by
the land acquisition officer for the purpose of his original
award differently.
2. We have carefully gone through the impugned
LAA. Nos.80/05 etc.
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judgment of the land acquisition reference court. We are of
the view that the appreciation of the evidence by the
learned Subordinate Judge in these cases is not satisfactory.
It is not relying on any particular document that
enhancement at these rates have been granted. It is
essentially by re-fixation on the basis of guess work with
reference to the oral evidence adduced by the claimants
that enhancement at these rates have been granted.
According to us, it is not a good guess of the correct market
value of the properties which has been made by the learned
Subordinate Judge. On a better guess, in our opinion, the
correct market value of the acquired lands for which L.A.
Officer awarded Rs.5260/- will come to Rs.13,146/-. We re-
fix the market value of the lands under acquisition in all
these cases at Rs.13,146/- per Are. All these appeals will
stand allowed to that extent only. It is needless to mention
that the claimants respondents will be entitled for all
LAA. Nos.80/05 etc.
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statutory benefits under sections 23(2), 23(1A) and 28 of
the Land Acquisition Act on the total enhanced
compensation which becomes admissible to them. In all
other respects the impugned judgments will stand
confirmed. The parties are directed to suffer their costs.
(PIUS C.KURIAKOSE, JUDGE)
(P.Q.BARKATH ALI, JUDGE)
ksv/-