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. 835 of 2004() ------------------------- LAR.372/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): CLAIMANT: ----------------------- V.C.MATHAI, PANATHARAKIZHAKKETHIL KRIPABHAVAN, CHEPPAD. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE NATIONAL THERMAL POWER CORPORATION LIMITED, KAYAMKULAM, REP. BY ITS GENERAL MANAGER. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN SRI.K.ANAND ( SC FOR R2) 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.835 of 2004 ------------------------ Dated this the 17h day of August, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal is filed by the claimant. The land acquisition officer awarded land value at the rate of Rs. 2,142/- per Are. The reference court under the impugned judgment refixed the land value at Rs.3,427.20/- per Are. The ground raised in this appeal is that by Ext.A1 judgment in another case, the court below has refixed the land value for similar lands at Rs.4,200/- per Are i,e, at about cent percent of what was granted by the land acquisition officer. 2. Having regard to the above ground and the view we have taken in several other cases, we are of the view that the request of the appellant claimant that he be granted further enhancement by Rs.773/- per Are can be upheld. Accordingly, we allow this appeal and refix the value of the acquired land at Rs.4,200/- per Are. This means that the appellant will be entitled for further enhancement, over and above what is granted by the reference court, by Rs.773/- per Are. LAA.No.835/2004 2 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 appellant claimant will be entitled for all statutory benefits under Section 23(2), 23(1A) and Section 28 of the Land acquisition Act on the total enhanced compensation which becomes admissible to the claimant by virtue of our refixation of the compensation. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk