IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 387 of 2004()
1. INLAND WATERWAYS AUTHORITY OF INDIA
... Petitioner
Vs
1. RAVINDRAN NAIR, CHAMPASSERIL,
... Respondent
2. BHASKARAN NAIR, CHAMPASSERIL,
3. SANTHAKUMARI, CHAMPASSERIL,
4. STATE OF KERALA-REPRESENTED BY
For Petitioner :SRI.V.SANTHARAM, SC, IWAI
For Respondent :SRI.JOHN BRITTO
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :16/07/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.Nos.387 & 900/2004
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Dated this the 16th day of July, 2009
JUDGMENT
Pius C.Kuriakose, J.
These are appeals filed by the requisitioning authority –
Inalnd Waterways Authority of India. The acquisition was of
property in Thakazhy Village in Alappuzha District for the
purpose of widening of National Water Ways No.III. Relevant
Section 4(1) notifications were published on 3-5-1999 and on
22-5-2000. The land acquisition officer categorised the land
under acquisition as dry and wet lands. For dry lands, the land
acquisition officer awarded land value at the rate of Rs.12,109/-
per Are and for wet lands he awarded land value at Rs.494/- per
Are. Under the impugned judgment the reference court refixed
the land value at Rs.15,136/- and thereby granting 25% increase
over the value which was awarded by the land acquisition officer.
We are informed that the enhancement at the above rate for dry
land has been approved by this court in other cases (L.A.A.
No.386/2004 and others) In fact, Sri.V.Santharam, learned
LAA.Nos.387 & 900/2004 2
standing counsel for the appellant would raise more forceful
arguments challenging the enhancement granted by the
reference court for the wet land. It is seen that under the
impugned judgment, value of wet land was enhanced by 200%
i.e. enhancement has been granted at the rate of Rs.988/- per
Are.
2. Having considered the rival submissions and having
made reappraisal of the evidence which was available on record,
we are of the view that refixation of the market value of the wet
land under acquisition by the learned Subordinate Judge was on a
slightly high side. On a better assessment of the market value in
the light of the evidence, the market value of the wet land under
acquisition will come to Rs.1,200/- per Are. Accordingly, to the
extent the appeals pertain to wet land, we refix the value of wet
land at Rs.1200/- per Are.
The appeals are allowed to the above extent. It is needless
to mention that the appellant claimant will be entitled for all
statutory benefit admissible under Section 23(1A) 23(2) and
Section 28 of the Land acquisition Act on the total enhanced
compensation to which them become eligible on account of our
LAA.Nos.387 & 900/2004 3
refixation of the land value under this judgment.
Parties are directed to suffer their respective costs in these
appeals.
PIUS.C.KURIAKOSE,JUDGE
P.Q.BARKATH ALI, JUDGE
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