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. 873 of 2004 (C) ------------------------------- LAR.8/1999 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) RESPONDENT(S)/CLAIMANT & 1ST RESPONDENT: ------------------------------------------------------ 1. RADHAMANY, KAKDAKKASSERIL, VALIAKUZHYI, CHEPPAD. 2. STATE OF KERALA, REPRESENTED BY ADDL. GOVT. PLEADER, MAVELIKKARA. ADV. SRI.PHILIP M.VARUGHESE FOR R1 SMT.LATHA KRISHNAN GOVT. PLEADER SMT.P.N. SUMANGALA 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.873 of 2004 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and we have heard the submissions of Smt.Latha Krishnan, learned counsel for the appellant and those of Sri.M.Philip Varghese, learned counsel for the claimant. We have also heard the submissions of Smt.Latha T. Thankappan, the learned Senior Government Pleader also. 2. Having gone through the impugned judgment and having considered the submissions addressed at the Bar, we are in agreement with Smt.Latha Krishnan when she submits that the enhancement of the market value under the impugned judgment is excessive. In fact, by the judgment of this Court in L.A.A.686/2000, the enhancement for similar properties at the rates L. A. A. No.873 of 2004 -2- granted under the impugned judgment was interfered with and land value re-fixed at Rs.9,000/- per Are. Following that decision, we are inclined to allow this appeal and re-fix land value of the properties under acquisition at Rs.9,000/- per Are. Accordingly, the judgment and decree under appeal is set aside. Land value is re-fixed at Rs.9,000/- per Are. 3. Appeal is allowed to the above extent, but in the circumstances without any order as to costs. First respondent/claimant will be entitled for all statutory benefits on the total enhanced compensation which becomes admissible to her by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-