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 6TH OCTOBER 2009 / 14TH ASWINA 1931 LA.App..No. 239 of 2006(D) ------------------------------- LAR.6/2000 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT IN LAR: ----------------------------------------------- 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): CLAIMANTS & THE 1ST RESPONDENT IN LAR: ----------------------------------------------------------------------- 1. KRISHNAN NAMPOOTHIRI, MAVILA THEKKEMADOM, CHEPPAD. 2. DROWPATHY ANTHARJANAM, MAVILA THEKKEMADOM, CHEPPAD. 3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.239 of 2006 ------------------------------------------------ Dated this the 6th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Even though a copy of the appeal memo showing the posting date was served on the respondents through their counsel appearing before the court below by Registered Post with acknowledgment due, the respondents have not chosen to enter appearance before this Court. Having heard the submissions of Mr.V.J.Joseph, the learned counsel for the appellant and having gone through the impugned judgment and having made a quick survey of the evidence, we are of the view that the re-fixation of market value at Rs.10479/- per Are from Rs.3521/- per Are granted by L. A. A. No.239 of 2006 -2- the Land Acquisition Officer is slightly excessive. According to us, on a better assessment, the market value can be re-fixed at Rs.9,000/- per Are based on some evidence. Modifying the impugned judgment, we re-fix the land value at Rs.9,000/- per Are. The appeal will stand allowed to the above extent. It is made clear that the claimants will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of this judgment. Parties are directed to suffer their costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-