Inland Waterways Authority Of … vs Thankappan on 7 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 823 of 2004()


1. INLAND WATERWAYS AUTHORITY OF INDIA,
                      ...  Petitioner

                        Vs



1. THANKAPPAN, SHAPPIL HOUSE,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY DISTRICT

                For Petitioner  :SRI.V.SANTHARAM, SC, IWAI

                For Respondent  :SRI.P.SREEKUMAR

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :07/02/2008

 O R D E R
            KURIAN JOSEPH &  HARUN-UL-RASHID,  JJ.

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                         L.A.A.No.823  OF  2004

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                       Dated 7th  February, 2008.


                               J U D G M E N T

Kurian Joseph, J.

This appeal is directed against the judgment and

decree in LAR 128/02 on the file of the Sub Court, Alappuzha.

The acquisition is for the purpose of Widening of National

Waterways No.III. The property is situated in Purakkadu village.

We have already held, in the judgment in LAA 759/04 that

enhancement in land value at 80% is just, proper and

reasonable. There is also an enhancement in compensation for

structures and injurious affection. But as far as value of structure

is concerned, what is granted is only 45% enhancement. It is now

settled law that the basis of fixation by the Land Acquisition

Officer is PWD rate as far as structure is concerned, and hence a

reasonable enhancement is permissible. In the peculiar facts and

circumstances of this case, as established by Ext.C1 commission

report, Ext.C2 detailed valuation report and the evidence of

AWs.1 and 2, and in the absence of any contra evidence on the

part of the respondent, we find that 45% enhancement is only

just and proper. As far as injurious affection is concerned, only a

LAA NO.823/04 2

nominal enhancement to the tune of Rs.5,000/- is given based on

evidence, in the light of the report of the unchallenged report of

the Advocate Commissioner. Thus, there is no merit in the

appeal. It is accordingly dismissed.

I.A.No.3891/04 : Dismissed.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs

KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

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L.A.A. NO.823 OF 2004

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J U D G M E N T

Dated 7th February, 2008.