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. 1468 of 2005 (B) -------------------------------- LAR.113/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT: --------------------------------------- THE CHIEF MANAGER (HR), NATIONAL THEMMAL POWER CORPORATION LTD., NANGIARKULANGARA, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANTS & 1ST RESPONDENT: ------------------------------------------------------- 1. PAPPACHAN, REENA BHAVAN, NANGIARKULANGARA MURI, PALLIPPAD. 2. STATE OF KERALA, REPRESENTED BY ADDL. GOVT.PLEADER, MAVELIKARA. SR. GOVT. PLEADER SMT.P.N. SUMANGALA SRI.K.SASIKUMAR FOR R.1 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.1468 of 2005 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and the case pertains to acquisition of land for the purposes of NTPC's project at Kayamkulam. The Land Acquisition Officer awarded land value at the rate of Rs.735/- per Are. The Reference Court under the impugned judgment re-fixed the same at Rs.4980/- per Are. 2. We have heard the submissions of Smt.Latha Krishnan, the learned counsel for the appellant and those of Mr.K.Sasikumar, the learned counsel for the claimant/respondent. We have heard Smt.P.N.Sumangala, L. A. A. No.1468 of 2005 -2- the learned Government Pleader also. We have made a re-appraisal of the evidence. We notice some merit in the submissions of Smt.Latha Krishnan that enhancement granted by the Reference Court is excessive. According to her, in similar matters, we have re-fixed the land value at Rs.2205/- per Are. However, we notice that there is justification in this case for granting a slightly higher value. We find that to the evidence of the claimant that the properties are situated near to Nangiarkulangara, no counter evidence was adduced by the Company. Therefore, we are inclined to grant a slightly higher value than what has been granted in other cases where the Land Acquisition Officer awarded only Rs.735/- per Are. 3. Thus, allowing the appeal in part, we set aside the judgment and decree under appeal. We re-fix the L. A. A. No.1468 of 2005 -3- market value of land at Rs.3,000/- per Are. It is needless to mention that the total enhanced compensation to which the claimant/respondent becomes eligible by virtue of our re-fixation under this judgment, he will be entitled for all statutory benefits. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-