IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 616 of 2006(D)
1. INLAND WATERWAYS AUTHORITY OF INDIA,
... Petitioner
Vs
1. SANAL KUMAR, POLACKAL VEETTIL,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.V.SANTHARAM, SC, IWAI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :07/08/2009
O R D E R
PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.616 OF 2006
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Dated this the 7th day of August, 2009
JUDGMENT
Pius C.Kuriakose, J.
This is an appeal by the requisitioning authority and
enhancement of wet lands from Rs. 494/- per Are to 988/- per
Are (enhancement of cent percent) is under challenge. Also
under challenge is enhancement of value of dry lands from
Rs.12,109/- per Are to Rs.18,172.83 per Are i.e. enhancement of
50% over what was awarded by the land acquisition officer.
2. Having gone through the impugned judgment and
having heard the submissions of Sri.V.Santharam, learned
counsel for the appellant and those of Smt. Shalini Lal learned
counsel for the respondent claimant, we are of the view that
enhancement granted for dry lands cannot be said to be
excessive. We are not inclined to interfere with the above
enhancement.
In the case of the wet lands, the learned Subordinate Judge
has enhanced the value from Rs.494/- to 988/- per Are. We feel
that this enhancement is also reasonable and it is more or less
L.A.A.No.616/2006 2
the equal to the market value of the acquired land at the
relevant time, which is now fixed by the court below. We do not
find any warrant for interfering with the enhancement of value
given to the wet land also.
The appeal will stand dismissed. No costs.
PIUS C.KURIAKOSE,JUDGE
P.Q.BARKATH ALI, JUDGE
dpk