IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 LA.App..No. 1892 of 2002 (C) -------------------------- LAR.49/2001 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT IN L.A.R. -------------------------------------- THE NATIONAL THERMAL POWER CORPORATION LIMITED, KAYAMKULAM STPP,NANGIYARKULANGARA-690513- REPRESENTED BY ITS CHIEF MANAGER (H.R.) BY ADV. SRI.V.J.JOSEPH RESPONDENT(S): CLAIMANTS & THE 1ST RESPONENT IN LAR --------------------------------------------------- 1. THANKAPPAN SURENDRAN,VELICHAPPADATH, NANAGIYARKULANGARA. 2. STATE OF KERALA, -REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,GOVT. OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. GOVT. PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1892 of 2002 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority. We have heard the submissions of Sri.V.J.Joseph, the learned counsel for the appellant and those of Sri.S.Krishnamoorthy, the learned counsel for the claimant/first respondent in detail. We have heard Smt.P.N.Sumangala, the learned Government Pleader also. The Land Acquisition Officer awarded land value at the rate of Rs.6000/- per Are in respect of dry lands which was enhanced by the Reference Court to Rs.18,000/- per Are. Similarly, for wet lands, the Land Acquisition Officer awarded land value at the rate of L. A. A. No.1892 of 2002 -2- Rs.2200/- per Are which was enhanced by the Reference Court to Rs.8000/- per Are. 2. Having considered the rival submissions and having made a re-appraisal of the evidence, we are of the view that the enhancement granted in respect of dry land is reasonable and need not be interfered with. However, we feel that a slight increase can be granted to the market value of wet lands. We set aside the judgment and decree under appeal to the extent it pertains to re-fixation of market value of wet lands and re-fix the market value of wet lands at Rs.7,500/- per Are. 3. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that the first respondent/claimant will be entitled for all statutory L. A. A. No.1892 of 2002 -3- benefits on the total enhanced compensation to which he becomes eligible by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-