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. 210 of 2006(B) ------------------------- LAR.128/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- NTPC LTD., REPRESENTED BY ITS CHIEF MANAGER(HR), RAJIV GANDHI COMBINED CYCLE POWER PROJECT, CHOOLATHERUVU P.O., KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/1ST RESPONDENT --------------------------------------- 1. KOCHUKUTTAN, "CHITHRALAYAM", MUTTAM, ALAPPUZHA DISTRICT. 2. RADHAMMA, "CHITHRALAYAM", MUTTAM, ALAPPUZHA DISTRICT. 3. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A.)NO.III, S.T.P.S.HARIPAD. (1ST RESPONDENT IN THE LAR) ADV. SRI.N.HARIDAS FOR R1 & R2 SRI.H.SUNDEEP FOR R1 & R2 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.210 of 2006 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the Requisitioning Authority and they are aggrieved by the re-fixation of the value of lands under acquisition from Rs.735/- per Are to Rs.9050/- per Are. 2. We have heard the submissions of Mr.Shafik M. Abdulkhadir, the learned counsel for the appellant and those of Sri.N.Haridas, the learned counsel for the claimants/respondents. We have heard Smt.P.N.Sumangala, the learned Government Pleader also. 3. Even though there is considerable merit in the L. A. A. No.210 of 2006 -2- submissions of Mr.Shafik Abdulkhadir that the enhancement granted under the impugned judgment is excessive, we feel that there is justification for awarding a slightly higher value than what was awarded by this Court in similar cases. We notice that the distance from the Muttam junction and the property under acquisition was only 100 metres. We notice that this Court vide judgment in L.A.A.1463/05 has re-fixed the value of wet lands for which the Land Acquisition Officer awarded only Rs.735/- per Are, at Rs.3,000/- per Are. We are of the view that the same reasoning can be adopted in this case also. Hence, allowing this appeal in part, we re-fix the value of wet lands under acquisition at Rs.3,000/- per Are. 4. The appeal allowed to the above extent, but in the circumstances, without any order as to costs. It is L. A. A. No.210 of 2006 -3- needless to mention that the respondents/claimants will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of the re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-