High Court Kerala High Court

Inland Waterways Authority Of … vs Sanal Kumar on 7 August, 2009

Kerala High Court
Inland Waterways Authority Of … vs Sanal Kumar on 7 August, 2009
       

  

  

 
 
  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.
                      ------------------------
                     L.A.A.No.616 OF 2006
                      ------------------------

             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
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