IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 LA.App..No. 160 of 2006 (D) ------------------------- LAR.82/1998 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE CHIEF MANAGER(HR), NATIONAL THERMAL POWER CORPORATION LTD., NANGIARKULANGARA, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.B.S.KRISHNAN, SENIOR ADVOCATE SRI.K.ANAND (A.201) RESPONDENT(S): CLAIMANT & 1ST RESPONDENT ---------------------------------------- 1. DEVAKI, CHAKKOOR PUTHEN PURAYIL, CHINGOLI. 2. D.DILEEP, DO.DO. 3. D.SHAILAJA, DO.DO. 4. STATE OF KERALA, REPRESENTED BY ADDL. GOVT. PLEADER, MAVELIKKARA. ADV. SRI.G.BENO FOR R1TOR3 SRI.PARVATHY ANIL FOR R1TOR3 GOVT. PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.160 of 2006 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the Requisitioning Authority and their grievance is that the Land Acquisition Reference Court has granted excessive enhancement. The Land Acquisition Officer awarded land value at the rate of Rs.2039/- per Are and Rs.2326/- per Are. The Reference Court under the impugned judgment has re-fixed the market value at a uniform rate of Rs.15,817/- per Are. 2. Having heard the submissions of Smt.Latha Krishnan, the learned counsel for the appellant and those of Sri.G.Beno, the learned counsel for the claimants/respondents and Smt.P.N.Sumangala, the learned Government Pleader and having made a re- L. A. A. No.160 of 2006 -2- appraisal of the evidence, we feel that the enhancement granted by the Reference Court is excessive. On a better assessment of the market value of the land under acquisition based on same evidence, the market value of the entire property under acquisition can be uniformly fixed at Rs.7,000/- per Are. It is accordingly, fixed. 3. The appeal is allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that the respondents/claimants will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of the re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-