IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 881 of 2004(A) ------------------------- LAR.78/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT IN LAR ----------------------------------- THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM - REPRESENTED BY ITS CHIEF MANAGER HR) BY ADV. SRI.V.J.JOSEPH SMT.M.V.LIGI RESPONDENT(S): CLAIMANT & THE 1ST RESPONDENT IN LAR --------------------------------------------------- 1. CHELLAMMA VILASINI, PERUMPALLIL HOUSE, NADUVATTAM, PALLIPPAD. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. ADV. SRI.PHILIP M.VARUGHESE FOR R1 GOVT. PLEADER SMT.P.N. SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.881 of 2004 ------------------------------------------------ Dated this the 17th 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 purpose of the Kayamkulam project of the appellant/ authority. The Land Acquisition Officer awarded land value at the rate of Rs.735/- per Are. The Reference Court under the impugned judgment has re-fixed land value at the rate of Rs.8,750/- per Are. 2. Having heard the submissions of Sri.V.J.Joseph, the learned counsel for the appellant, Sri.Philip M. Varughese, counsel for the claimant/ respondent and Smt.Sumangala, the learned Government Pleader for the State, we are of the view that the enhancement granted by the learned L. A. A. No.881 of 2004 -2- Subordinate Judge was excessive. On a better assessment of the market value on the basis of the evidence which is actually available on record, the value of the land is to be re-fixed at Rs.2205/- per Are i.e. at 200% over the value which has been awarded by the Land Acquisition Officer. Accordingly, we set aside the judgment and decree under appeal and re-fix the land value at Rs.2205/- per Are only. It is needless to mention that for the total enhanced compensation to which the claimant becomes eligible by virtue of this re-fixation, the claimant will be entitled for all statutory benefits. 3. Appeal is allowed, but in the circumstances without any order as to costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-