IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 LA.App..No. 408 of 2005 ------------------------- ( LAR.396/2002 of PRINCIPAL SUB COURT,ALAPPUZHA ) APPELLANT/2ND RESPONDENT ------------------------------------------------ NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM REPRESENTED BY ITS CHIEF MANAGER (HR) BY ADV. SRI.SHAFIK M.ABDULKHADIR RESPONDENTS: CLAIMANTS AND 1ST RESPONDENT --------------------------------------------------------------------------- 1. SRI.SANKARANKUTTY NAIR, LAKSHMI NIVAS, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT (EXPIRED) 2. SMT.VIJAYALAKSHMI AMMA, LAKSHMI NIVAS, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 3. SRI.S.RAJESH, LAKSHMI NIAVS, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 4. SMT.V.VIDIYA, LAKSHMI NIVAS, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 5. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A.) NO.III, S.T.P.S. HARIPAD (1ST RESPONDENT IN THE L.A.R.) R5 BY SR.GOVT. PLEADER ADV. SHRI K.J. MOHAMMED ANZAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, ALONG WITH L.A.A.NO.163 OF 2005 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.408 of 2005 ------------------------------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C. Kuriakose, J Service is completed. But there is no appearance for the respondents. 2. The Requisitioning Authority is the appellant. Under the impugned award, the learned Subordinate Judge re-fixed the value of dry lands under acquisition at ` 30,000/- per Are. Similarly the value of wet lands under acquisition was also re-fixed at ` 30,000/- per Are. 3. Having considered the grounds and the submissions addressed, we feel that the enhancement granted by the Reference Court in respect of the wet lands is excessive. We allow the appeal to the extent of re-fixing the value of wet lands under acquisition at ` 21,600/- per Are. The rates fixed for the dry lands under acquisition is approved. The appeal is allowed to the above extent only, however, without any L. A. A. No.408 of 2005 -2- order as to costs. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE