IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 LA.App..No.227 of 2005 (B) -------------------------------- LAR.124/1999 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 SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANTS & 1ST RESPONDENT ----------------------------------------------------------- 1. VARGHESE, GRACE COTTAGE KANNAMPALLILAYA PADINJARE MEMANAMPALLIL), CHEPPAD KIZHAKKUM MURI, CHEPPAD. 2. ELIAMMA, DO.DO. 3. STATE OF KERALA, REP. BY ADDL. GOVT. PLEADER, MAVELIKKARA. ADV. SRI.PHILIP M.VARUGHESE SR.GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.227 of 2005 ------------------------------------------------ Dated this the 13th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the requisitioning authority, NTPC. Under the impugned judgment, the Reference Court re-fixed the value of land under acquisition at Rs.12,000/- per Are relying on the judgment in L.A.R.109/98 of the same court. 2. We have today allowed L.A.A.54/04 filed by the NTPC against the judgment and decree in L.A.R.109/98 and re-fixed the value of the land under acquisition in that case at Rs.9,000/- per Are. Necessarily, the impugned judgment has to be interfered with and the value of the lands under acquisition has to be reduced and re-fixed at Rs.9,000/- per Are. L. A. A. No.227 of 2005 -2- 3. The result is that the appeal stands allowed. The judgment and decree under appeal are set aside. The value of the land under acquisition is re-fixed at Rs.9,000/- per Are. The respondents/claimants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of the re-fixation of the market value at Rs.9,000/- per Are. Appeal allowed, but in the circumstances without any order as to costs. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-