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Rajesh Valel Puthuvalil Vs. Inland Waterways Authority of India [15/07/14]

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[Civil Appeal No. 6396 of 2014 arising out of Special Leave Petition (Civil) No.31619 of 2012]. This appeal is preferred against the judgment and final order dated 30.3.2012 passed by the High Court of Kerala at Ernakulam in L.A.A. no.995 of 2010. The property of the appellants herein, both land and structures situated at Alappad Village at Karunagappally Taluk of Kollam District was acquired at the instance of respondent no.1 herein, for the purpose of widening the narrow stretches of National Waterways no.3 and award came to be passed. Dissatisfied with the award the appellants/claimants preferred reference and the Reference Court re-determined the land value and the value of the building, by enhancing it. Challenging the same, respondent no.1 herein preferred appeal and the High Court confirmed the land value re- determined by the Reference Court and at the same time reduced the value of the structures from a sum of Rs.4,45,000/- to a sum of Rs.3,50,000/-. Aggrieved by the same the appellants/claimants have preferred the present appeal. The learned counsel for the appellants strenuously contended that the High Court committed an error in reducing the compensation for the building on the basis of guess estimate discarding the objective material in the form of Ext.C-3 Valuation Report available on record, resulting in grave injustice to the appellants.

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