IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 LA.App..No. 1237 of 2003(D) --------------------------- LAR. No. 94/98 OF SUB COURT, MAVELIKKARA. APPELLANT(S): APPELLANT/2ND RESPONDENT: --------------------------------------- THE CHIEF MANAGER,(HR) NATIONAL THERMAL POWER CORPN.LTD NANGIARKULANGARA,KAYAMKULAM,ALAPPUZHA. BY ADV. SRI.K.ANAND (A.201) RESPONDENT(S): RESPONDENTS/CLAIMANT & 1ST RESPONDENT: ----------------------------------------------------- 1. GEORGELUTTY,S/O.PAPPY PERUMATTAMPALLIL, KANJOOR-KOTTAKKAKOM,CHEPPAD. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA (SPL. TAHASILDAR (LA), NO.III STPS,HARIPPAD. ADV. SRI.K.SASIKUMAR FOR R1 SR. GOVT. PLEADER SRI.BASANT BALAJI FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1237 OF 2003 ------------------------ Dated this the 17th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. Heard Smt..Latha Krishnan, learned counsel for the appellants and also Sri.K.Sasikumar, learned counsel for the respondents. It is seen that enhancement was given to the claimant by the learned Subordinate Judge relying on Ext.A1 judgment in L.A.R. No.355/1991. Smt.Latha Krishnan submits that Ext.A1 has been set aside by this court in L.A.A.712/2008 series. She has placed before us a copy of the said judgment. That judgment will show that for dry lands for which the reference court had granted Rs.24,000/- per Are, this court has reduced the amount and refixed the value at Rs.18,000/- per Are. That judgment further shows for wet land for which the land Acquisition officer has awarded at the rate of Rs.12,000/- per Are, this court has reduced the amount and refixed the value at Rs.9000/- per Are. It is not disputed that the judgment in L.A.A. 712/200 has attained finality. 2. Under the above circumstances we are inclined to follow L.A.A.No.1237 of 2003 2 that judgment and allow this appeal to the extent of refixing the value of the dry lands under acquisition in this case is at Rs.18,000/- per Are and of the wet land under acquisition in this case at Rs.9000/- per Are. The appeal will stand allowed to that extent. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Land Acquisition Act for the total enhanced compensation awarded to them under this judgment. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk