IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 LA.App..No. 383 of 2006(A) ------------------------------- LAR.35/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT: --------------------------------------- N.T.P.C. LTD., REPRESENTED BY ITS CHIEF MANAGER (HR),KAYAMKULAM. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/1ST RESPONDENT: ------------------------------------------------------- 1. SRI.DIVAKARAN, LAKSHMI SADANAM, PALLIPPAD, THEKKUM MURI, PALLIPPAD, ALAPPUZHA DISTRICT. 2. SRI.NARAYANAN GOVINDAN THANKAL, "MANTHIYATHU", UMPRAKKADU MURI, THEKKEKARA, MAVELIKKARA, ALAPPUZHA DISTRICT. 3. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A.) NO.III, S.T.P.S.HARIPAD, (1ST RESPONDENT IN THE L.A.R). ADV. SRI.RASHEED C. FOR R1 BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.383 of 2006 ------------------------------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C. Kuriakose, J This appeal is remaining defective for want of service of notice to the legal heirs of the deceased 2nd respondent who was the 2nd claimant before the Reference Court. But having considered the submissions addressed before us by the learned counsel for the appellant Sri.M.A.Shafik and the learned counsel for the 1st respondent, Sri.C.Rasheed and having noticed our own judgments in other cases pertaining to re-fixation of value of identical lands acquired for the same purpose, we feel that the maximum land value which can be awarded to the claimants is ` 2,600/- per Are. We set aside the judgment and decree under appeal and remand LAR.35/99 to the Sub Court, Mavelikkara. The learned Subordinate Judge is directed to ensure that the legal heirs of the deceased 2nd claimant Sri.Narayanan Govindan L. A. A. No.383 of 2006 -2- Thankal are brought on record and the revised award is passed re-fixing the land value at rates not higher than the rates indicted by us herein above. Refund the full court fee paid on the appeal memorandum to the counsel for the appellant. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE