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 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 LA.App..No. 49 of 2008() ------------------------ LAR.267/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 1ST RESPONDENT: ----------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS AND 2ND RESPONDENT; -------------------------------------------- 1. MOHANAN, PUTHENPOOTHANA VEETTIL, AIKKATTUKIZHAKKU MURIYIL, CHEPPAD VILLAGE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT. 2. ROHINI, W/O.MOHANAN, PUTHENPOOTHANA VEETTIL, AIKKATTUKIZHAKKU, MURIYIL, CHEPPAD VILLAGE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT. 3. THE DEPUTY GENERAL MANAGER, N.T.P.C. LTD. KAYAMKULAM. ADV. SRI.K.SASIKUMAR FOR R1-2 K.ANAND THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 49 of 2008 B ``````````````````````````````````````````````````````` Dated this the 14th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. The government is in appeal. The case pertains to acquisition of land in Cheppad village for the purpose of Kayamkulam project of National Thermal Power Corporation. Out of the property under acquisition, 4.45 Ares was lying as reclaimed land while 2.75 Ares was lying as wet land. The Land Acquisition Officer awarded uniform rate of Rs.2,100/- per Are for the entire extent. The Land Acquisition Officer also awarded a lumpsum amount to the claimant towards reclamation charges noticing that 4.45 Ares was actually reclaimed land. The reference court, under the impugned judgment, has awarded a uniform rate of Rs.10,000/- per Are. 2. Smt.Latha T. Thankappan, learned senior Government Pleader, brought to our attention judgments of this Court in a large number of cases pertaining to acquisition of land in the same village for the same purpose. She submitted that the LAA.49/08 : 2 : enhancement granted under the impugned judgment is excessive. The learned counsel for the claimants, per contra, would justify the impugned judgment. 3. Having considered the rival submissions and having carefully gone through the impugned judgment and having taken into account the judgments of this Court in other cases pertaining to acquisition of land in the same village for the same purpose, we are of the view that the enhancement granted by the reference court at the uniform rate of Rs.10,000/- per Are is excessive. We feel that, on a better assessment of the available evidence, the value of the wet land can be fixed at Rs.6,300/- per Are and the value of reclaimed land can be fixed at Rs.8,000/- per Are. Accordingly, in modification of the impugned judgment, we re-fix the value of 2.75 Ares of wet land at Rs.6,300/- per Are and the value of 4.45 Ares of reclaimed land at Rs.8,000/- per Are and award land value to the respondents at that rate. However, there will be a direction that the amount paid by the awarding officer to the respondents towards reclamation charges be deducted. The appeal is allowed to the above extent but without any order as to LAA.49/08 : 3 : cost. It is needless to mention that the respondents will be entitled for all statutory benefits on the total enhanced compensation to which they are eligible by virtue of this judgment. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks