IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 LA.App..No. 1681 of 2007() -------------------------- LAR.133/1994 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANTS: ------------------------ 1. RADHA BHAI, ARATTUKULANGARA HOUSE, KIZHAKKUM MURI, CHEPPAD. 2. VILASINI AMMA, -DO-, -DO-. 3. KOMALAVALLY OF -DO-. BY ADV. SRI.R.RAJASEKHARAN PILLAI RESPONDENT(S): RESPONDENTS/ADDL.RESPONDENT : --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY. GOVERNMENT SECRETARIAT, THIRUVANANTHAPAURAM 2. THE NTPC LTD., KAYAMKULAM, CHEPPAD, VIA HARIPAD, ALAPPUZHA DISTRICT. GOVERNMENT PLEADER SMT.T.TJOSEPHINA SRI.K.ANAND (SC) (R2) SMT.LATHAKRISHNAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1681 OF 2007 ------------------------ Dated this the 27th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their property in Chingoli village was acquired pursuant to Section 4(1) notification published on 17/4/1990 for the purpose of Kayamkulam unit of NTPC. The lands were wet lands for which the Land Acquisition Officer awarded land value at the rate of Rs.2,200/- per Are. Before the Reference Court the appellants placed reliance on Exts.A1 and A2 judgments of the same court, in which for the identical property the land value had been refixed at the rate of Rs.6400/- per Are. The court below did not become inclined to rely on Exts.A1 and A2 for the reason that the appeals were pending in the High Court against Exts.A1 and A2. It is submitted by the learned counsel for the appellants that both those appeals were dismissed by this court approving the rate at Rs.6400/- per Are. LAA.No.1681/2007 2 2. Smt.Latha Anand learned standing counsel appearing for the requisitioning authority submitted that against the impugned award of the Reference Court, the NTPC had preferred an appeal and that appeal was withdrawn from the NTPC. It was the duty of the present appellants to have brought to the notice of this court the pendency of the present appeal at the time when the appeal preferred by the NTPC was being considered. Therefore, prejudice will be caused to the NTPC if this court allows the present appeal and grants further enhancement to the appellants. 3. The learned Government Pleader Smt.Josephina points out that in other cases this court has approved the refixation of land value at the rate of Rs.6400/- per Are for identical lands. 4. Having considered the rival submissions addressed at the Bar, we feel that the appellants can be given opportunity to rely on the judgments of this court granting approval to the refixation of the value of identical land acquired for the same purpose pursuant to the same notification at Rs.6400/- per Are. Hence, we set aside the judgment and decree under appeal and remand LAR No.133/1994 to the Sub Court, Mavelikara. The LAA.No.1681/2007 3 learned Subordinate Judge is directed to conduct further enquiry and to pass revised award. While passing the revised award if the appellants become eligible for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Act during the period of 218 days condoned by this court in C.M.A. No.2045/2007 by this court. As we notice some laches on the part of the appellants in having an early disposal of this appeal, we are not inclined to order refund of the full court fee remitted on the appeal memorandum. The Registry will refund only two third of the court fee remitted on the appeal memorandum. The parties will enter appearance before the Reference Court on 12/8/2011. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk