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. 236 of 2006(D) -------------------------- LAR.8/2000 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): CLAIMANTS/1ST RESPONDENT: ---------------------------------------- 1. SMT. NIRMALA, "CHAKKATTUSSERIL PADEETTATHIL", CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA (SPECIAL TAHSILDAR, L.A) NO.III, S.T.P.S.,HARIPPAD (1ST RESPONDENT IN THE LAR). 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.236 of 2006 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J Even though the respondent/claimant has been served with notice, she has not entered appearance before this Court in this appeal preferred by the Requisitioning Authority/NTPC. 2. The Land Acquisition Officer awarded land value for the entire lands under acquisition at the rate of Rs.3056/- per Are treating the entire lands as wet lands. The Reference Court, however, on the basis of the evidence found that 3.15 Ares of land was reclaimed land and re-fixed the value of such land at Rs.30,000/- per Are and for the remainder portion L. A. A. No.236 of 2006 -2- treated by the Land Acquisition Officer as wet lands, value was re-fixed at Rs.7500/- per Are. 3. Having heard the submissions of Sri.Shafik M. Abdulkhadir, the learned counsel for the appellant and having gone through the impugned judgment and having made a re-appraisal of the evidence, we are of the view that the enhancement granted by the Reference Court in respect of wet lands from Rs.3056/- per Are to Rs.7500/- per Are is not excessive. We approve the action of the learned Subordinate Judge in having treated 3.15 Ares from out of the lands under acquisition as reclaimed lands. However, we feel that the rates fixed by the court for such reclaimed lands is slightly excessive. Setting aside the judgment and decree to the extent it pertains to lands found by the Reference Court to be L. A. A. No.236 of 2006 -3- reclaimed land, we re-fix the value of such re-claimed land at Rs.25,000/- per Are. 4. The appeal will stand allowed to the above extent only, but in the circumstances, without any order as to costs. It is needless to mention that the respondent/claimant will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible by virtue of the re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-