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 18TH AUGUST 2009 / 27TH SRAVANA 1931 LA.App..No. 2448 of 2008() -------------------------- LAR.86/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. SIMON, PARATHARA VEEDU, CHEPPADU. 2. MARIYAMMA, PARATHARA VEEDU, CHEPPADU 3. K.VARGHESE, PARATHARA VEEDU KOZHAKUM MURI, CHEPPADU. 4. MARY VARGHESE, PARATHARA VEEDU, KIZHAKUM MURI, CHEPPADU. BY ADV. SRI.PHILIP M.VARUGHESE SRI.V.AJITH KUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA STATE-REPRESENTED BY DISRICT COLLECTOR, ALAPPUZHA (THE SPECIAL TAHSILDAR LANO.111) S.T.P.S. HARIPAD. 2. N.T.P.C. LTD., REPRESENTED BY THE POWER OF ATTORNEY HOLDER BY.GENERAL MANAGER (1/C) STPP, KAYAMKULAM. ADV. SRI.K.ANAND (A.201) FOR R2 SMT.LATHA KRISHNAN FOR R2 BY GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.2448 OF 2008 ------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal by the claimants and their grievance is that the reference court did not grant them any enhancement over what was awarded by the Land Acquisition Officer. They produced Ext.A1 judgment, which was rightly found by the learned Subordinate Judge to be not relevant. Absolutely no counter evidence was adduced by the requisition authority to the oral evidence adduced by the appellants/claimants. We notice that in a large number of other cases where the Land Acquisition Officer had granted the same rate, we have given enhancement to the parties. The oral evidence adduced by AW1 cannot be said to be very inspiring. Nevertheless we notice that there was no counter evidence to the same. On an evaluation of the evidence adduced by AW1, we are of the view that the market value of the acquired property can be reasonably fixed at Rs.5642/- per Are. This means that the appellants will be entitled for enhanced compensation of over and above what was awarded to them by LAA.No.2448/2008 2 the Land Acquisition Officer at the rate of 3500/- per Are. We set aside the judgment and decree under appeal and refix the land value at Rs.5642/- per Are. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that the claimants will be entitled for all statutory benefits admissible under law on the total enhanced compensation to which they become eligible by virtue of refixation done under this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk