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. 907 of 2004(B) ------------------------- LAR.160/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE CHIEF MANAGER (HR), NATIONAL THERMAL POWER CORPORATION LTD., NANGIARKULANGARA, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANT & 1ST RESPONDENT: ----------------------------------------- 1. RADHAKRISHNAN, CHAPRAYIL, THEKKUM MURI, PALLIPPAD. 2. STATE OF KERALA, REPRESENTED BY ADDL.GOVT.PLEADER, MAVELIKKARA. SR. 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.907 of 2004 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and though notice was served on the respondent/ claimant, he has not entered appearance before this Court. The acquisition was for the purposes of the appellant/authority's Kayamkulam Project. The Land Acquisition Officer awarded land value at the rate of Rs.7,972/- per Are. The Reference Court under the impugned judgment re-fixed the same at the rate of Rs.24,028/- per Are. 2. Having considered the submissions of Smt.Latha Krishnan, the learned counsel for the L. A. A. No.907 of 2004 -2- appellant and having gone through the impugned judgment, we are in agreement with the learned counsel that the enhancement granted is excessive. We have re-appraised the evidence and according to us, on a better assessment based on the same set of evidence, the market value of the property under acquisition will have to be re-fixed at Rs.21,000/-. Thus, the enhancement to be granted over what is awarded by the Land Acquisition Officer cannot be more than Rs.13,028/- per Are. We set aside the impugned judgment and decree under appeal and re- fix the land value at Rs.21,000/- per Are. The appeal will stand allowed, but in the circumstances, without any order as to costs. 3. It is needless to mention that the claimant will be entitled for all statutory benefits on the total L. A. A. No.907 of 2004 -3- enhanced compensation to which he becomes eligible by virtue of re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-