INLAND WATERWAYS AUTHORITY OF INDIA NATIONAL WATERWAY ROAD Vs. K.V. THOMAS IOB CONCORT O CASTLE, PANAMPILLY NAGAR, COCHIN

JUDGEMENT

(1.) This appeal is filed by the 2nd respondent/requisitioning authority in LAR No.94/2001 challenging judgment dated 31/3/2012.

(2.) An extent of 39.21 Ares of land situated in Maradu Village was acquired pursuant to a notification issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the LA Act) published in the Kerala Gazette on 21/7/1998 which was followed by publication in local newspapers as well. The acquisition was for purpose of construction of waterways terminal and widening of narrow stretches of National Waterway No.III. The property was acquired along with other lands involved in the acquisition. Land Acquisition Officer having classified the land coming under Category B fixed the land value at Rs. 85,543/- per Are and also awarded Rs. 40,268/- as compensation towards the value of structures.

(3.) Claimants objected to the Award and the matter was referred under Section 18 of the LA Act. Before the Reference Court, 3 witnesses were examined as AWs1 to 3 and they relied upon A1. Respondents examined RW1 and RW2 and relied upon Exts.R1 to R3. The Advocate Commissioner's report, valuation report prepared by the Expert Engineer and sketch were marked as Exts.C1, C1(a) and C1(b). The Reference Court refixed the land value at Rs. 1,26,000/- per Are and also awarded enhanced value of structures at Rs. 2,50,000/-.