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. 225 of 2005(A) -------------------------------------- LAR.NO.295/2002 OF PRINCIPAL SUB COURT,ALAPPUZHA. .................... APPELLANT/ CLAIMANT: ------------------------------------ GOURIKUTTY, PUTHENKANDATHIL, CHINGOLI, KARTHIKAPPALLY. BY ADV. MR.K.SASIKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. NATIONAL THERMAL POWER CORPORATION LTD., REP. BY ITS GENERAL MANAGER, KAYAMKULAM. R1 BY GOVERNMENT PLEADER SMT. P.N. SUMANGALA, R2 BY ADV. MR.M.A.SHAFIK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ L.A.A. NO: 225 OF 2005 ----------------------------------------------------------------------------------- Dated this the 18th August, 2009. JUDGMENT PIUS C.KURIAKOSE, J. This is an appeal by the claimant and she is aggrieved by the refixation of the market value of the properties under acquistion made by the reference court which is only at Rs.15,000/-. According to her there was justification for refixing the value at Rs.25,000/- per Are and hence this appeal. 2. We have heard submissions of Mr. Sasikumar, the learned counsel for the appellant, Smt. P.N.Sumangala, Govt. Pleader for the first respondent and Mr. Shafiq M. Abdul Khader for second respondent. 3. We have made a reappraisal of the evidence. We are of the view that the learned Subordinate Judge was little miserly in the matter of fixing the market value. On a better assessment of the evidence available on record, the market value can be refixed at Rs.18,000/- per Are. Accordingly, we set aside the impugned judgment and refix the market value of the acquired property at Rs18,000/- per Are. LAA 225/2005 2 4. The appeal stands allowed to that extent. The claimant will be entitled to all statutory benefits on the total compensation to which he becomes eligible by virtue of refixation done under this judgment. No costs. PIUS C.KURIAKOSE Judge K. SURENDRA MOHAN Judge jj PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. --------------------------------------- L.A.A.NO: --------------------------------------- JUDGMENT Dated: