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. 640 of 2005() ------------------------- LAR.66/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/1ST RESPONDENT: ---------------------------------------- 1. SMT.SUDHAMONEY, SREEJITH BHAVANAM, CHINGOLI MURI, CHINGOLI VILLAGE, KAYAMKULAM. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA (SPECIAL TAHSILDAR L.A.) NO.III, S.T.P.S. HARIPAD. (1ST RESPONDENT IN THE COURT BELOW). ADV. SRI.K.SASIKUMAR FOR R1 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: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.640 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J The Requisitioning Authority is in appeal and their grievance is twofold. Firstly, the court below went wrong in treating the land under acquisition as reclaimed land. Secondly, the enhancement granted from Rs.2039/- per Are to Rs.25,000/- per Are is highly excessive. 2. Having gone through the impugned judgment and having heard the submissions of Mr.Shafik M. Abdulkhadir, the learned counsel for the appellant and Mr.K.Sasikumar, counsel for the claimant/respondent, we are of the view that the learned Subordinate Judge was justified in thinking that the property under acquisition was not pucca wet land, but it was L. A. A. No.640 of 2005 -2- reclaimed land. At the same time, we feel that the enhancement granted is excessive. On a re-appraisal of the evidence, we are of the view that the market value can be re-fixed at Rs.10600/- per Are. Accordingly, setting aside the judgment and decree under appeal we re-fix the land value at Rs.10,600/- per Are. 3. The appeal will stand allowed, but in the circumstances, without any order as to costs. It is needless to mention that the claimant will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-