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. 167 of 2006 (B) ------------------------- LAR.34/2000 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE CHIEF MANAGER (HR), NATIONAL THERMAL POWER CORPORATION LTD., NANGIARKULANGARA, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.B.S.KRISHNAN, SENIOR ADVOCATE SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANT & IST RESPONDENT ---------------------------------------- 1. PHILIPOSE MATHEW, PULIMOOTTIL, CHEPPAD, ALAPPUZHA DIST. 2. STATE OF KERALA, REPRESENTED BY ADDL. GOVT. PLEADER, MAVELIKKARA. SR. 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.167 of 2006 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J Even though Mrs.Latha Krishnan, the learned counsel for the appellant addressed us very strenuously, we do not find any warrant for interference. The Reference Court re-fixed the land value of wet lands for which the Land Acquisition Officer has awarded value at the rate of Rs.3056/- per Are, as Rs.4584/- per Are. For the reclaimed lands for which the Land Acquisition Officer has awarded value at the rate of Rs.6672/-, the Reference Court has re- fixed the value at Rs.10,008. The re-determination of the market value by the Reference Court will stand L. A. A. No.167 of 2006 -2- approved. The appeal will stand dismissed. 2. It is made clear that the amount which was paid to the claimant towards reclamation charges by the Land Acquisition Officer will be deducted from the total compensation. It is needless to mention that the respondent/claimant will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-