IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 LA.App..No. 1338 of 2002(D) --------------------------- LAR.433/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT: CLAIMANT: -------------------- 1. PARVATHI AMMA GOMATHI AMMA, VADAKKUVALLIL VEEDU, CHEPPADU, ALAPPUZHA DISTRICT. 2. SIVAPRASAD, S/O. PARVATHI AMMA GOMATHI AMMA, DO. DO. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. NATIONAL THERMAL POWER CORPORATION LTD. (NTPC IN SHORT) REPRESENTED BY ITS GENERAL MANAGER, CHOOLATHERUVU, KAYAMKULAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 SRI.V.J.JOSEPH FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1338 of 2002 ----------------------------------------- Dated this the 25th day of August, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the claimants against the judgment and decree in L.A.R.No.433/1993 on the file of the Sub Court, Mavelikkara. The acquisition is for the purpose of NTPC. It is submitted that in respect of the acquisition of the adjacent property belonging to the husband of the first petitioner, in L.A.R.No.432/1993 the reference court has fixed land value at the rate of Rs.4,135/- per are. The claimants have been granted land value at the rate of Rs.2,200/- per are and they sought for fixation at the rate of Rs.4,200/- per are. Since the property is similar and similarly situated, this appeal is partly allowed fixing the land value at Rs.4,135/- per are. The claimants shall also be entitled to all the consequential and eligible statutory benefits. The amounts already paid shall be duly adjusted. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. The judgment dated 25/08/2008 in L.A.A.No.1338/2002 is L.A.A.No.1338 of 2002 -:2:- modified by directing the respondents to pay same rate of compensation and enhancement as granted to the husband of the first petitioner for acquisition of his adjacent property. In other words, if original compensation granted to the husband of the first petitioner was `2200/- with enhancement of `4135/- totalling to `6335/-, then compensation at the same rate should be granted to the petitioner as well. Judgment modified vide order dated 12/10/2010 in I.A.3605/2010 in L.A.A.1338/2002. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1338 of 2002 ---------------------------- JUDGMENT 25th August, 2008