Allowed

Inland Waterways Authority of India v. Thulasi and Another

Kerala HC9 Mar 2011LA.App./102/2011

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a land acquisition appeal filed by the Inland Waterways Authority of India. The Court held that an enhancement exceeding 60% over the Land Acquisition Officer's award was unjustifiable. It refixed the market value of dry and wet lands, entitling the claimant to statutory benefits under the relevant Sections of the Land Acquisition Act.

What did the court decide?

Appeal allowed to refix market value of dry lands at Rs. 41,900/- and wet lands at Rs. 20,950/- per Acre; respondent entitled to statutory benefits.

Inland Waterways Authority of India Vs Thulasi and Another — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN

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WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932

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LA.App..No. 102 of 2011() ------------------------LAR.238/2001 of ADDL.SUB COURT,KOLLAM ....................

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APPELLANT(S)ADDL. 2ND RESPONDENT:

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-----------------------------------------------

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INLAND WATERWAYS AUTHORITY OF INDIA PARAMARA SHOPPING COMPLEX,PARAMARA ROAD, KOCHI-682018,REP.BY ITS DIRECTOR(NOW OFFICE AT HOUSE NO.1/631/A,KANADIKADU AREA,MARADU P.O., KOCHI-682304)

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BY ADV. SRI.V.SANTHARAM, SC, IWAI

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RESPONDENT(S)/CLAIMANT AND FIRST RESPONDENT:

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----------------------------------------------------------------

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1. THULASI,S/O.VASUDEVAN, THAMARASSERIL, PUTHANTHURA P.O., NEENDAKARA, KOLLAM-691582.

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2. STATE OF KERALA,REP.BY THE DISTRICT COLLECTOR,KOLLAM-691001.

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R2 BY GOVERNMENT PLEADER SMT. T.T.JOSEPHINA SRI.O.V.MANIPRASAD FOR R1 SRI.SAJU J PANICKER FOR R1

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 102 OF 2011 = = = = = = = = = = = = = = = = Dated this the 9^th day of March, 2011.

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J U D G M E N T

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Pius C. Kuriakose, J.

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The requisitioning authority, Inland Waterways Authority of India, is in appeal. Properties under acquisition were in Neendakara village in Kollam District. Both dry lands as well as wet lands were acquired. We find from the impugned judgment that the Land Acquisition Officer had granted 65% enhancement for both category of lands.

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The learned counsel for the appellant, Sri.V. Santharam drew our attention to a judgment of this Court in L.A.A.279/2009 wherein enhancement at the rate of 60% above the rate awarded by the Land Acquisition Officer has been approved. We feel that in this case enhancement in excess of 60% over the

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L.A.A. NO. 102 OF 2011

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original rate will not be justifiable. We allow the appeal and refix the market value of the dry lands at Rs.41,900/- per Are. Similarly, we refix the market value of the wet lands at Rs.20,950/- per Are. The appeal will stand allowed to the above extent.

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The claimant/respondent will be entitled to all statutory benefits which are provided under Sections 23(2), 23(1A) and S.28 of Land Acquisition Act on the enhanced compensation to which the appellant becomes eligible. The Registry will issue copy only after ensuring that the full balance Court fee is remitted and the costs ordered by us is paid.

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Sd/- PIUS C. KURIAKOSE,JUDGE.

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Sd/-N.K. BALAKRISHNAN,JUDGE.

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ul/-

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[ True copy ] P.S. to Judge.

Inland Waterways Authority of India v. Thulasi and Another

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Inland Waterways Authority of India v. Thulasi and Another

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