IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 699 of 2005() -------------------------------------- LAR.322/1994 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- NATIONAL THERMAL POWER CORPORATION LTD REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. MR.SHAFIK M.ABDULKHADIR RESPONDENT(S): CLAIMANT & 1ST RESPONDENT: --------------------------- 1. SMT.RADHAMMA, RAMAVILASAM, AYIKATTUMOOLA, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA-REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A.) NO.III, S.T.P.S. HARIPAD, (1ST RESPONDENT IN THE LAR). R1 BY ADV. MR.K.SASIKUMAR R2 BY GOVT. PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= L.A.A. No. 699 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of August, 2009 JUDGMENT PIUS C.KURIAKOSE, J. This is an appeal by the requisitioning authority and this is a case where the land value was enhanced by the reference court to Rs.12,000/- per Are. Having regard to the submissions made and having gone through the impugned judgment and made re-appraisal of the evidence, we are in agreement with learned counsel for the appellant that the enhancement granted is slightly excessive. According to us, a better assessment based on evidence on record, the market value could have been fixed at Rs.6,600/- per Are. 2. We therefore set aside the judgment and decree and re-fixe the market value of the land under acquisition at Rs.6,600/- per Are. It is needless to say that on the total enhanced compensation to which the claimant will be eligible by virtue of this judgment, the claimant will be entitled to all statutory benefits admissible in law. The appeal is allowed as above. PIUS C.KURIAKOSE, JUDGE. K.SURENDRA MOHAN, JUDGE. mn.