Inland Waterways Authority Of … vs Vijayan on 17 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 456 of 2008(D)


1. INLAND WATERWAYS AUTHORITY OF INDIA
                      ...  Petitioner

                        Vs



1. VIJAYAN,MALAMEL CHIRAYIL, MUTHUKULAM.
                       ...       Respondent

2. SREEDHARAN THAMPI, MALAMEL CHIRAYIL

3. STATE OF KERALA REPRESENTED BY

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

                For Respondent  :SRI.B.RENJITHKUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :17/09/2009

 O R D E R
        PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
                     ------------------------
                     L.A.A.No.456 OF 2008
                     ------------------------

           Dated this the 17thday of September, 2009

                           JUDGMENT

Pius C.Kuriakose, J.

This is an appeal preferred by the requisitioning authority

-Inland Waterways Authority of India. The acquisition was for

widening the National Waterways No.III and was pursuant to

Section 4 (1) notification published on 3/5/1999. The Land

Acquisition Officer awarded land value for dry lands at

Rs.12,109/- Per Are and for wet land at Rs.494/- per Are. Under

the impugned judgment, the Reference Court would refix the

land value at Rs.24,218/-, i.e. at cent percent over what was

granted by the Land Acquisition Officer, for dry land, but in the

case of wet land the value was refixed at Rs.1482/- per Are.

2. Sri.V.Santharam, learned Standing Counsel would fairly

draw our attention to the judgment of this court in LA.A. No.

1777/2007, which was a case pertaining to the very same

acquisition of properties in the very same village. Under that

Judgment, we have approved the refixation of value of dry lands

at Rs.24,218/- per Are, and we have refixed the value of wet

LAA.No.456/2008 2

lands at Rs.1,200/- per Are. Following that judgment, we

approve the enhancement granted in respect of dry lands. But,

in modification of enhancement granted in respect of wet land,

we refix the value of wet land fixed by the reference court at

Rs.1482/- to Rs.1,200/- per Are.

The Appeal will stand allowed to the above extent only, but

in the circumstances without any order as to costs.

PIUS C.KURIAKOSE,JUDGE

K.SURENDRA MOHAN, JUDGE
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