IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 LA.App..No.1493 of 2007 (C) -------------------------------- LAR.47/2000 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 1ST RESPONDENT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE ADDL. GOVERNMENT PLEADER, MAVELIKARA. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS & ADDL. RESPONDENT NO.2 ----------------------------------------------------------------- 1. VENUGOPAL, CHOORAKKATTU VEETTIL, CHEPPAD. 2. SUBHADRAMMA, CHOORAKKATTU VEETTIL, CHEPPAD. 3. N.T.P.C. LTD., KAYAMKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1493 of 2007 ------------------------------------------------ Dated this the 4th day of November, 2009 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The acquisition was for the purpose of National Thermal Power Corporation i.e. for the purpose of their Kayamkulam project. The relevant section 4(1) notification was published on 12/09/96. For the dry lands under acquisition, the Land Acquisition Officer awarded land value at the rate of Rs.3521/- per Are. For the wet lands under acquisition, he awarded Rs.3056/- per Are. On the basis of the evidence which consisted mainly of Exts.A2, A3, B1 and the oral testimony of AW1, the learned Subordinate Judge would re-fix the value of L. A. A. No.1493 of 2007 -2- dry lands at Rs.40,000/- per Are. Similarly, the value of wet lands were re-fixed at Rs.15,000/- per Are. 2. Even though the respondents were served with notice of the appeal, they have not chosen to enter appearance before this Court. We have heard submissions of Sri.Shafik Abdul Khader, the learned counsel for the Requisitioning Authority, Smt.Latha T. Thankappan, the learned senior Government Pleader for the Government. We have carefully gone through the impugned judgment. We have made a quick survey of the evidence which was available before the Reference Court. Having regard to the submissions addressed and the decision taken by this Court in other cases pertaining to acquisition for the same purpose, we feel that the enhancement granted under the impugned judgment by the learned Judge is L. A. A. No.1493 of 2007 -3- excessive. At the same time, we notice that the property under acquisition was situated in a relatively more important area than the areas covered by many of the cases decided by us. Under these circumstances, we are not inclined to follow any of the earlier decisions completely. In modification of the impugned judgment and decree, we re-fix the value of dry lands under acquisition at Rs.12,500/- per Are and that of wet lands under acquisition at Rs.10,000/- per Are. The appeal will stand allowed to the above extent. Parties are directed to suffer their costs. 3. It is made clear that on the total enhanced compensation to which the respondents become eligible by virtue of this judgment, they will be entitled for all statutory benefits admissible under section 23 (2), 23(1A) and under section 28 of the Land L. A. A. No.1493 of 2007 -4- Acquisition Act. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-