IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 LA.App..No. 138 of 2008(D) ------------------------------ LAR.392/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT: --------------------------------------- NTPC LTD., REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/1ST RESPONDENT: -------------------------------------------------------- 1. SMT.JAYASREE CHANNATHY, NADUVATHERIL, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. (SPECIAL TAHSILDAR, LA) NO.III, S.T.P.S.,HARIPAD. (1ST RESPONDENT IN THE LAR). ADV. SRI.N.SUGATHAN FOR R1 SMT.VARSHA BHASKAR FOR R1 SRI.S.PRASANTH (AYYAPPANKAVU) FOR R1 BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.138 of 2008 ------------------------------------------------ Dated this the 21st day of October, 2009 JUDGMENT Pius C. Kuriakose, J The Requisitioning Authority/NTPC is in appeal. The land under acquisition was in Chingoli village and the purpose of acquisition was for the construction of road to the NTPC project at Kayamkulam. The relevant section 4(1) notification was published on 08/08/96. The Land Acquisition Officer awarded land value at the rate of Rs.7215/- per Are. The Reference Court under the impugned judgment has re-fixed the same to Rs.25,000/- per Are. 2. Having heard the submission of Sri.Shafik, the learned counsel for the appellant and those of L. A. A. No.138 of 2008 -2- Smt.Varsha Bhaskar the learned counsel for the respondent and having anxiously scanned the impugned judgment, we are of the view that the learned Subordinate Judge was too liberal while fixing the market value. On a better assessment of the market value on the basis of the evidence available on record, we are of the view that the market value can be re-fixed at Rs.18,050/- per Are. Thus, allowing the appeal and in modification of the impugned judgment, we re-fix the market value of the land under acquisition at Rs.18,050/- per Are. It is needless to mention that the claimant will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible by virtue of this judgment. L. A. A. No.138 of 2008 -3- 3. The appeal will stand allowed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/- “The figure “Rs.18,050/-” occurring in lines 8 and 11 in page 2 of the judgment dated 21/10/2009 in L.A.A.138/2008 is corrected and substituted as “Rs.21,000/-” vide order dated 26/10/2009 in L.A.A.138/2008. Sd/- Registrar (Judicial)