High Court Kerala High Court

Inland Waterways Authority Of … vs Prathapan on 1 July, 2009

Kerala High Court
Inland Waterways Authority Of … vs Prathapan on 1 July, 2009
       

  

  

 
 
  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.
       ----------------------------------------------------
     LAA. Nos. 80, 81 & 83 of 2005, 231 & 433 of 2006
     ---------------------------------------------------------
            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/-