IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 LA.App..No. 207 of 2005(B) ------------------------------- LAR.373/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): CLAIMANT: ------------------------------ SUDHARMA VENU, UDAYAPURATH, CHEPPAD. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): RESPONDENTS A & B: --------------------------------------------- 1. KERALA STATE REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. NATIONAL THERMAL POWER CORPORATION KAYAMKULAM, REPRESENTED BY ITS GENERAL MANAGER, NTPC, KAYAMKULAM. ADV. SRI.M.A.SHAFIK FOR R2 ADDL.ADVOCATE GENERAL FOR R1 SR GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.207 of 2005 ------------------------------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C. Kuriakose Having considered the submissions addressed by Sri.K.Sasikumar, the learned counsel for the appellant/ claimant and those by Sri.M.A.Shifik, the learned counsel for the Requisitioning Authority, we are of the view that the market value re-fixed by the Reference Court for the properties under acquisition which were in the Cheppad Village acquired for the purpose of NTPC is inadequate. We allow this appeal and re-fix the total market value of the land under acquisition at ` 8,526/- per Are. Enhanced compensation will be awarded to the appellant on the above basis. On the re-fixed market value, the appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs in L. A. A. No.207 of 2005 -2- the appeal. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE