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. 148 of 2006() ------------------------- LAR.96/1998 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/1ST RESPONDENT --------------------------------------- 1. M.S.RAJAMOHAN, "MUNDAPPALLIL VEEDU", VALIYAKIZHI MURI, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY DISTRICT CCOLLECTOR, ALAPPUZHA (SPECIAL TAHSILDAR L.A.)NO.III, S.T.P.S.HARIPAD, (1ST RESPONDENT IN THE L.A.R) GOVT. PLEADER SMT.P.N.SUMANGALA SRI.K.SASIKUMAR FOR R1 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.148 of 2006 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J In this appeal preferred by the Requisitioning Authority, the enhancement granted under the impugned judgment was from Rs.3064/- per Are to Rs.15000/- per Are. 2. Having heard the rival submissions and having gone through the impugned judgment and having made a re-appraisal of the evidence, we are of the view that the enhancement granted by the Reference Court is excessive. On a better assessment of the market value based on the same set of evidence, the market value of the land can be re-fixed at Rs.9,000/- L. A. A. No.148 of 2006 -2- per Are. We set aside the judgment and decree under appeal and re-fix the market value of the lands under acquisition at Rs.9,000/- per Are. 3. The appeal will stand allowed to the above extent. It is needless to mention that the respondent/claimant will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-