IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 LA.App..No. 430 of 2002() ------------------------- LAR.555/1993 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): CLAIMANTS/1ST RESPONDENT --------------------------------------- 1. REMADEVI, KANISSERIL, PADETTATHIL, KOTTAKKAKOM, KANJOOR, CHEPPAD. 2. SUDHADEVI, KANISSERIL PADETTATHIL, KOTTAKKAKOM, KANJOOR, CHEPPAD. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVT., THIRUVANANTHAPURAM. ADV. SRI.K.SASIKUMAR FOR R1 ADDL.ADVOCATE GENERAL FOR R3 GOVERNMENT PLEADER SRI. V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- LAA. No. 430 of 2002 ----------------------------------------------- Dated this the 8th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. Having heard the learned counsel for the appellant requisitioning authority Mrs.Latha Anand and Mr.Sasikumar for the respondents and having made a re-appraisal of the evidence on record we are of the view that the enhancement granted by the reference court is excessive. According to us, on a correct assessment the market value of the land based on the evidence available on record at the relevant time will come to Rs.9150/- per Are only. Hence we allow the appeal and re-fix the land value at Rs.9150/- per Are. The appeal stands allowed without any order as to costs. It is made clear that the claimants respondents will be entitled to all statutory benefits admissible under Sec. 23(2), 23(1A) and Sec. 28 of the Land Acquisition Act on the total enhanced compensation which becomes eligible to the LAA. 430/02 -2- claimants by virtue of the re-fixation done under this judgment. The claimants are also entitled to get their costs on the trial side already decreed. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/- LAA. 430/02 -3- PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. LAA. No. 430 of 2002 J U D G M E N T 8th June 2011.