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.
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L. A. A. No.794 of 2007
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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/-