IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 LA.App..No. 633 of 2003(C) AGAINST THE DECREE AND JUDGMENT DATED 29.8.2002 IN L.A.R. NO.192 OF 2001 OF THE THE SUB JUDGE AT ALAPPUZHA. APPELLANT: 2ND RESPONDENT ------------------------------------- THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM-REPRESENTED BY ITS CHIEF MANAGER (HR) BY ADV. SRI.V.J.JOSEPH RESPONDENTS: CLAIMANTS & 1ST RESPONDENT ------------------------------------------------------- 1. SHRI.DEVAKI PILLAI, SAROJINI PILLAI, KADALIKUTTIYIL, THEKKE PUTHEN VEETTIL, KANJOOR KOTTAKAKOM, CHINGOLI. 2. THE MANAGER, CANARA BANK, MULLACKAL BRANCH, ALAPPUZHA. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. R3 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2008, ALONGWITH L.A.A.NO.639 OF 2003 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- LAA.NOS.633, 639, 644, 674, 687, 1248 OF 2003, 322, 930, 989 OF 2004, 278 OF 2005 AND 835 OF 2005 ------------------------------------------------------------- Dated this the 25th September, 2008 JUDGMENT Kurian Joseph, J. These are appeals filed by the requisitioning authority, viz., NTPC Limited, aggrieved by the fixation of land value by the reference court. The acquisition is for NTPC, Kayamkulam. Learned counsel appearing for the appellants, inviting reference to the letter dated 28.8.2008 of the Manager(HR-Law), NTPC, submits that as permitted by this court earlier, these cases also can be disposed of, permitting them to withdraw the appeals, since the requisitioning authority does not want to pursue the appeals in respect of the cases where the enhancement in land value is below Rs.50,000/- and where the enhancement is less than 100% for wet land and 150% for dry land. It is also submitted that the judgment in these cases may not be taken as a precedent. Still further it is submitted that with the above condition, this court had already disposed of similar cases granting also the refund of the court fee. The above submissions are not in dispute. It is also not in dispute that these cases are covered by the instruction given by the Manager in the letter referred to above (copy of the said letter will be marked as 'X'). Therefore, the appeals are dismissed as withdrawn with a direction to refund the L.A.A.. NO.633 OF 2003 AND CONNECTED CASES :: 2 :: court fee. In view of the above facts and circumstances, it is made clear that the land value covered by these cases shall not be referred or relied on for the purpose of fixation of land value in other cases. It is also made clear that in case the award amounts due to the claimants covered by these appeals have not been paid to them on the ground of pendency of the appeals, in view of the disposal of the appeals as above, the requisitioning authority shall deposit the award amounts within one month from the date of production of a copy of the judgment, if not already deposited. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/ KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- ----------------------------------------- L.A.A.NO..633, 639, 644, 674,687, 1248 OF2003, 322, 930, 989 OF 2004, 278 OF 2005 AND 835 OF 2005 JUDGMENT 25th September, 2008 -----------------------------------------