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 14TH AUGUST 2009 / 23RD SRAVANA 1931 LA.App..No. 701 of 2001(A) -------------------------- LAR.356/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): -------------- 1. BHARATHAN, THUNDIL VADAKKATHIL, AYIKKATTUMOOLA, CHINGOLI. 2. SARASAMMA, THUNDIL VADAKKATHIL, AYIKKATTUMOOLA, CHINGOLI. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY GOVERNMENT PLEADER FOR R1 SRI.V.T.K.MOHANAN 2. N.T.P.C.LTD., KAYAMKULAM. SRI.K.ANAND (A.201) FOR R2 SMT.LATHA KRISHNAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, ALONG WITH LAA NO. 162 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ --------------------------------------------------------------------- L.A.A.NO.701 OF 2001 -------------------------------- Dated this the 14th day of August, 2009. J U D G M E N T Pius C.Kuriakose,J Heard counsel for the appellant; and the learned Government Pleader. We have gone through the impugned judgment and having made re-appraisal of the evidence available on record we are of the view that the learned Sub Judge was little miserly in the matter of re-fixing market value of the land under acquisition. On a better assessment based on the evidence available on record, we are of the view that the market value of the acquired property can be re-fixed at Rs.6000/- per Are. Accordingly allowing the appeal we set aside the judgment under appeal and re-fix land value at the rate of Rs. 6,000/- per Are. It is needless to mention that the claimant will be entitled to all the statutory benefits by virtue of re-fixation under this judgment. Appeal is allowed as above without any order as to costs. PIUS C. KURIAKOSE ,JUDGE. K.SURENDRAMOHAN, JUDGE. pm