INLAND WATERWAYS AUTHORITY OF INDIA Vs. THANKAMONY

JUDGEMENT

(1.) The Requisitioning Authority M/s Inland Waterways Authority of India is in appeal. Wetlands and dry lands in Cheruthana village were acquired for the purpose of the Requisitioning Authority. The learned Subordinate Judge granted enhancement for both wet and dry lands. As for the enhancement granted in respect of dry lands it is submitted by Sri.Santharam that the above issue has attained finality at the hands of this Court by judgment of this Court in L.A.A.609/06 and connected matters. But he submitted that the enhancement granted by the Reference Court in respect of wet land which is from Rs. 494/- per Are to Rs. 2,528.50/- per Are should be interfered with. He relied on the very same common judgment for the above purpose and submitted that the value of the wetlands will have to be re-fixed at Rs. 1,235/- per Are.

(2.) Sri.Rajagopal on behalf of the learned counsel for the respondents would oppose all the submissions of Sri.Santharam. According to him, even the rate of Rs. 2,528.50/- per Are fixed is far below the correct market value of the property at the relevant time. Though described as wetland the entire land acquired from the possession of the claimants was lying contiguously and was either dry or reclaimed. When this matter is taken into account, it will be difficult to sustain the award presently passed.

(3.) Even though Sri.Rajagopal's submissions were very appealing we find that no evidence was adduced by the claimants to substantiate the contention that the nature of the land described by the Land Acquisition Officer in his award as wet was not wet. We find that it was only oral evidence of AW1 that was adduced. The learned Subordinate Judge was perfectly justified in treating 8.15 Ares from out of the entire land or from the possession of the claimant to be wetland. The common judgment in L.A.A.609/06 and other cases has attained finality. We have to follow the same. Following the above judgment we allow this appeal to the extent the same pertains to wetlands and re-fix the market value of the wetlands under acquisition at Rs. 1,235/- per Are. However, the rate granted by the Reference Court for dry lands is confirmed. We also make it clear that we have not interfered with the cost allowed by the Reference Court in favour of the respondents. The appeal is allowed to the above extent. No costs.