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. 342 of 2005(A) ------------------------- LAR.129/1999 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. MATHEW VARGHESE, ERICKAL HOUSE, AKAMKUDE, PALLIPPAD. 2. VINOD VARGHESE, DO. DO. 3. STATE OF KERALA, REPRESENTED BY ADDL.GOVT.PLEADER, MAVELIKARA. ADV. SRI.M.R.ARUN KUMAR FOR R1,2 GOVT. PLEADER SMT.P.N. SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.342 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and though the claimants have been served with notice, they have not entered appearance before this Court. This is a case where the Land Acquisition Officer awarded land value at the rate of Rs.735/- per Are and the Reference Court enhanced the same by Rs.5665/- per Are. 2. Having re-appraised the evidence and having considered the submissions addressed before us by Smt.Latha Krishnan as well as Smt.P.N.Sumangala, the learned Government Pleader, we feel that the enhancement granted by the Reference Court is excessive. On a re-appraisal of the evidence, we are of L. A. A. No.342 of 2005 -2- the view that the market value can be re-fixed at Rs.2205/- per Are. Accordingly, setting aside the judgment and decree under appeal, we re-fix the market value of the land under acquisition at Rs.2205/- per Are. Appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. 3. It is made clear that the claimants/respondents will be entitled for all the 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/-