IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 LA.App..No. 1277 of 2005(D) --------------------------------- LAR.127/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT IN L.A.R: ------------------------------------------------- THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM, REPRESENTED BY ITS CHIEF MANAGER (HR). BY ADV. SRI.V.J.JOSEPH SMT.M.V.LIGI RESPONDENT(S): CLAIMANT & THE 1ST RESPONDENT IN L.A.R: ----------------------------------------------------------------------- 1. CHELLAPPAN, PADANILATHU, NANGIARKULANGARA MURI, PALLIPPAD. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1277 of 2005 ------------------------------------------------ Dated this the 28th day of May, 2010 JUDGMENT Pius C. Kuriakose, J This appeal preferred by the NTPC need not be treated as defective since we find that as early as on 13/11/09 pursuant to order passed by this Court in I.A.174/09 publication was effected in Mangalam daily dt.13/11/09. There is no appearance for the respondent. 2. The case pertains to acquisition of land in Pallippad village of Alappuzha district pursuant to Section 4(1) notification dated 17/06/96 for the purposes of NTPC Kayamkulam Project. The land under acquisition were wet lands. Land Acquisition L. A. A. No.1277 of 2005 -2- Officer awarded land value at the rate of Rs.735/- per Are. Under the impugned judgment, the court below re-fixed the land value at Rs.7,000/- per Are. Our attention is drawn by the learned counsel for the appellant to various judgment of this Court pertaining to acquisition of identical properties for the same purpose pursuant to same notification. It is seen from those judgments that this Court has re-fixed value of the identical lands at Rs.2,200/- per Are. Following the decision taken by this Court in those judgments, we modify the impugned judgment and re-fix the land value at Rs.2,200/- per Are. The appeal is allowed to the above extent. 3. It is needless to mention that the respondent will be entitled for all statutory L. A. A. No.1277 of 2005 -3- benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of the re-fixation done under this judgment. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-