IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 906 of 2004(B) ------------------------------- LAR.51/1999 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 & 1ST RESPONDENT: ----------------------------------------- 1. M. SADANANDAN, THEKKECHATHAVARA VEEDU, VALIAKUZHY PAKUTHI, CHEPPAD. 2. STATE OF KERALA, REPRESENTED BY ADDL.GOVT.PLEADER, MAVELIKKARA. SR. GOVT. PLEADER SMT.P.N. SUMANGALA SRI.K.SASIKUMAR FOR R.1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.906 of 2004 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and according to us, the impugned judgment of the Reference Court has to be interfered with. The acquisition was for the purposes of the Requisitioning Authority for its Kayamkulam project. The Land Acquisition Officer awarded land value at the rate of Rs.3480/- per Are. The Reference Court under the impugned judgment re-fixed land value at Rs.21,520/- per Are. According to us, the evidence on record will not justify so much of enhancement. we have re- appraised the evidence and in our view on a better assessment of the market value on the basis of the same evidence, the market value will have to be re- L. A. A. No.906 of 2004 -2- fixed at Rs.10,000/- per Are. Accordingly, we set aside the judgment and decree under appeal and re-fix the land value of properties under acquisition at Rs.10,000/- per Are. The appeal will stand allowed to that 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 our re-fixation done under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-