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. 42 of 2005(A) ------------------------------------ LAR.NO.1/1998 OF SUB COURT, MAVELIKKARA. .................... APPELLANT/ 2ND RESPONDENT IN L.A.R: ------------------------------------------------------------ THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM, REPRESENTED BY ITS CHIEF MANAGER (HR). BY ADVS. MR.V.J.JOSEPH, SMT.M.V.LIGI. RESPONDENTS/CLAIMANTS & THE 1ST RESPONDENT IN L.A.R: -------------------------------------------------------------------------------------------- 1. REMA BAI, KANDATHILPURAYIL, CHINGOLI MURI, CHINGOLI VILLAGE. 2. LAILA, KANDATHILPURAYIL, CHINGOLI MURI, CHINGOLI VILLAGE. 3. JAMEELA, KANDATHILPURAYIL, CHINGOLI MURI, CHINGOLI VILLAGE. 4. SALEENA, KANDATHILPURAYIL, CHINGOLI MURI, CHINGOLI VILLAGE. 5. JAYARAJ, KANDATHILPURAYIL, CHINGOLI MURI, CHINGOLI VILLAGE. 6. BABURAJ, KANDATHILPURAYIL, CHINGOLI MURI, CHINGOLI VILLAGE. 7. THAMARA, KANDATHILPURAYIL, CHINGOLI MURI, CHINGOLI VILLAGE. 8. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. R4 BY ADV. MR.K.SASIKUMAR, R8 BY GOVERNMENT PLEADER SMT. P.N. SUMANGALA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ L.A.A. NO: 42 OF 2005 ----------------------------------------------------------------------------------- Dated this the 18th August, 2009. JUDGMENT PIUS C.KURIAKOSE, J. The requisitioning authority is in appeal. The Land Acquisition Officer categorised the lands under Acquisition into four. (1) Dry lands extending to 0.82 ares for which he awarded land value at the rate of Rs. 9,365/- per Are (2) dry lands extending to 2.30 Ares for which he awarded Rs.7,215/- per Are (3) wet lands extending to 8.40 ares for which he awarded land value at the rate of Rs. 825/- per are. (4) Wet lands extending to 7 acres for which he awarded Rs.2326/-. Under the impugned judgment the learned Subordinate Judge uniformly refixed at Rs.25,000/- per are. 2. We have heard Mr. V.J.Joseph and having made a reappraisal of the evidence we feel that the learned Subordinate Judge was not justified in completely doing away with the categorisation done by the Land Acquistion Officer. The properties under acquistion are dry lands and wet lands. According to us, uniform rate can be adopted for dry lands and another rate adpopted for wet lands and we feel that the rate of Rs.25,000/- L.A.A.NO: 42/2005 2 uniformly fixed by the learned Subordinate Judge is excessive. We feel that the market value can be refixed for dry lands extending to 3.12 ares at Rs.23,000/- per are and wet lands extending up to 8.40 ares to be Rs.15,000/-. Accordingly we set aside the judgment under appeal to the above extent and refix the value of dry lands and wet lands at Rs.23,000/- per are and Rs.15,000/- per are respectively. 3. Appeal is allowed to the above extent. It is needless to mention that the claimants will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE Judge K. SURENDRA MOHAN Judge jj PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. --------------------------------------- L.A.A.NO: --------------------------------------- JUDGMENT Dated: