IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 LA.App..No. 931 of 2004() ------------------------- LAR.139/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT/ 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)/ CLAIMANT & THE 1ST RESPONDENT IN LAR: ---------------------------------------------------- 1. VELAYUDHAN, THIKKAMPIL PAZHAYA KARAZHMA, CHEPPAD. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. BY GOVT.PLEADER SMT. LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.931 OF 2004 ------------------------ Dated this the 18thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. There is no appearance for the claimant/respondent even though he has been served with through Advocate S.Shankaran Namboothiri, who was appearing for him before the Reference court. 2. We have gone through the impugned judgment and we have heard the submissions addressed by Sri. V.J.Joseph, learned counsel for the appellant requisitioning authority. We are of the view that refixation of land value from Rs.3480/- per Are to Rs.16520/- per Are is on the high side. On a better assessment of the market value of the acquired property on the basis of the evidence on record, according to us, the market value can be refixed at Rs.10,000/- per Are. Modifying the judgment and decree under appeal, we refix the value of land under acquisition at Rs.10,000/- per Are. The appeal will stand allowed to that extent. It is needless to mention that on the total enhanced compensation to which the LAA.No.931/2004 2 respondent claimant becomes eligible by virtue of this refixation, he will be entitled for all statutory benefits admissible under law. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk