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. 1236 of 2005() --------------------------------------- LAR.285/2004 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT ------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER(HR), KAYAMKULAM. BY ADV. MR.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/1ST RESPONDENT ---------------------------- 1. SMT.JAYASREE CHANNATHY, NADUVATHERIL, CHINGOLI, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. R1 BY ADVS.MR.N.SUGATHAN, MR.A.V.RAMAKRISHNA PANICKER, SMT.R.SEEMA, SMT.VARSHA BHASKAR, R2 BY GOVERNMENT PLEADERSMT.P.N. ADDL.ADVOCATE GENERAL FOR R THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= L.A.A. No. 1236 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of August, 2009 JUDGMENT PIUS C.KURIAKOSE, J. This is an appeal by the requisitioning authority. They challenge not only the re-fixation of market value of the property from Rs.7,215/- per Are to Rs.25,000/- but also the award of compensation by way of severance compensation. 2. We heard Sri.Shafik M.Abdulkhadir, the learned counsel appearing for the appellant. Even though the learned counsel for the appellant assailed the award of severance compensation, we are of the view that the reference court was justified in awarding severance compensation. We are therefore inclined to approve the compensation awarded towards severance compensation. But, at the same time, we find some merit in the submission that re-determination of the market value for the land under acquisition was slightly excessive. We are of the view that market value of the land can be re-fixed in a better manner on the available evidence at Rs.21000/- per Are. 3. Thus, we set aside the judgment and decree under appeal to the L.A.A.No 1236/05 2 extent it pertains to award in determination of the market value and we re- fix the same at Rs.21,000/- per Are. Naturally re-determination of the market value will have consequence on the total amount payable to the claimants towards severance compensation also. 4. The appeal stands allowed to the above extent . It is needless to say that the claimant will be entitled to all statutory benefits admissible in law on the total enhanced compensation to which the claimant becomes eligible on account of our re-fixation. PIUS C.KURIAKOSE, JUDGE. K.SURENDRA MOHAN, JUDGE. mn.