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. 154 of 2005(C) ------------------------- LAR.112/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE CHIEF MANAGER (HR), NATIONAL THERMAL POWER CORPORATION LTD., NANGIARKULANGARA, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANT & 1ST RESPONDENT ---------------------------------------- 1. SUSEELA KARINKUTTIYIL, THEKKUM MURI, CHAPPAD. 2. STATE OF KERALA, REP. BY ADDL. GOVT. PLEADER, MAVELIKARA. GOVT. PLEADER SMT.P.N. SUMANGALA SRI.B.RENJITHKUMAR FOR R1 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.154 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and we have heard the submissions of Smt.Latha Krishnan, the learned counsel for the appellant and those of Sri.B.Renjithkumar, the learned counsel for the respondent/claimant. The Reference Court under the impugned judgment enhanced the value of land under acquisition from Rs.735/- per Are to Rs.5265/- per Are. Having re-appraised the evidence and having heard the submissions addressed at the Bar, we feel that the enhancement granted by the Reference Court L. A. A. No.154 of 2005 -2- is excessive. On a better assessment, according to us, the land value will have to be re-fixed at Rs.2205/- per Are. Accordingly allowing this appeal, we set aside the judgment and decree under appeal. We re-fix the land value at the rate of Rs.2205/- per Are making it clear that the claimant will be entitled for all statutory benefits admissible to him by virtue of the re-fixation under this judgment. Sri.Renjithkumar, the learned counsel for the party respondent submits that the total stakes involved in the appeal is Rs.49,275/- and NTPC have taken a policy decision to withdraw the appeals where the total valuation is below Rs.50,000/-. If such a policy decision has been taken by the NTPC in other cases, we do not find any reason why the policy should not be made applicable to this case also. The L. A. A. No.154 of 2005 -3- NTPC should have policy if any in mind while initiating recovery proceedings in this case, since we are told that the entire amount due under the decree has already been paid. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-