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. 1187 of 2005() ---------------------------------------- LAR.43/2000 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE NATIONAL THERMAL POWER CORPORATION LIMITED, REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. MR.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/IST RESPONDENT -------------------------- 1. SMT. SAROJINI AMMA, W/O. KRISHNAN NAIR, THUNDUTHARAYIL, CHEPPAD, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A.), NO.III, S.T.P.S. HARIPAD (IST RESPONDENT IN THE L.A.R.) 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. 1187 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of August, 2009 JUDGMENT PIUS C.KURIAKOSE, J. Even though notice on the 1st respondent/claimant has been served, he has not entered appearance. We have heard Sri.Shafik M.Abdulkhadir, the learned counsel for the appellant and Smt.P.N.Sumangala, the learned Government Pleader appearing for the 2nd respondent. 2. The enhancement awarded by the reference court is from Rs.3,521/- per Are to Rs.26,479/- per Are. Having considered the submissions and having made reappraisal of the evidence, we are inclined to accept the submissions of the learned counsel for the appellant that the enhancement granted by the reference court is excessive. We are of the view that a sum of Rs.11,000/- will be the correct market value of the acquired property. Hence, setting aside the impugned judgment and decree we re-fix the land value of the acquired property at Rs.11,000/- per Are. It is needless to mention that the appellant will be entitled to all statutory benefits on the total enhanced compensation to which he become eligible by virtue of this judgment. The appeal is disposed of as above. PIUS C.KURIAKOSE, JUDGE. K.SURENDRA MOHAN, JUDGE. mn.