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.1469 of 2005 (B) -------------------------------- LAR.77/2000 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): CLAIMANT & IST RESPONDENT ------------------------------------------------------- 1. VASUDEVAN NAIR, ATHALA KANDATHIL, CHEPPAD. 2. STATE OF KERALA, REPRESENTED BY ADDL.GOVT. PLEADER, MAVELIKKARA. ADV. SRI.G.SUKUMARA MENON SMT.DEEPTHI S.MENON SR. 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.1469 of 2005 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and they are aggrieved by the re-fixation of land value for dry lands from Rs.8326/- per Are to Rs.25000/- per Are and for wet lands from Rs.3,521/- to Rs.12500/- and for double crop wet lands from Rs.3056/- to Rs.10000/- per Are. 2. Having regard to the submissions addressed before us by Smt.Latha Krishnan, counsel for the appellant and those of Smt.Deepthy S. Menon, counsel for the respondent/claimant and of Smt.P.N.Sumangala, the learned Government Pleader and having made a L. A. A. No.1469 of 2005 -2- re-appraisal of the evidence, we feel that the enhancement granted by the Reference Court under the impugned judgment is slightly excessive. On a re- appraisal of the evidence, we are of the view that the market value of the three categories under acquisition can be re-fixed as follows:- 3. The dry lands for which the Land Acquisition Officer awarded a land value at the rate of Rs.8326/- per Are, the land value will stand re-fixed at Rs.21,000/- per Are. Wet lands for which the Land Acquisition Officer awarded land value at the rate of Rs.3,521/- per Are, the land value will stand re-fixed at Rs.10,000/- per Are. Double crop wet lands for which the Land Acquisition Officer awarded land value at the rate of Rs.3,056/- per Are will stand re-fixed at Rs.9,000/- per Are. Setting aside the judgment and L. A. A. No.1469 of 2005 -3- decree, we re-fix the lands under acquisition as mentioned above. 4. The appeal stands allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that the respondent/claimant will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of the re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-