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. 544 of 2005(A) ------------------------- LAR.307/1994 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): CLAIMANT/IST RESPONDENT. --------------------------------------- 1. SRI.K.M.CHANDRAN, KUZHIKKALA VEEDU, AYIKKATTUMOOLA,CHINGAOLI VILLAGE, ALAPPUZHA DISTRICT. 2. B.SARASWATHY, KUZHIKKALA VEEDU, AYIKKATTUMOOLA, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA, SPECIAL TAHSILDAR, LA.A. NO.III, S.T.P.S.HARIPPAD, IST RESPONDENT IN THE L.A.R. ADV. SRI.K.SASIKUMAR FOR R1,2 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.544 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and they are aggrieved by the enhancement of land value by the Reference Court from Rs.2,200/- per Are to Rs.10,000/- per Are. 2. Having heard the submissions of Mr.Shafik M. Abdulkhadir, the learned counsel for the appellant, Mr.K.Sasikumar, the learned counsel for the claimants and Smt.P.N.Sumangala, the learned Government Pleader and having made a re-appraisal of evidence, we are of the view that the enhancement granted by the Reference Court is excessive. According to us, on a better assessment of the market value based on the same evidence, the market value of the land under L. A. A. No.544 of 2005 -2- acquisition could be re-fixed at Rs.6,500/- per Are. Accordingly, setting aside the judgment and decree under appeal, we re-fix the market value of the lands under acquisition at Rs.6,500/- per Are. 3. The appeal stands allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that for the total enhanced compensation to which the respondents/ claimants become eligible by virtue of the above re- fixation, they will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and 28 of the Land Acquisition Act. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-