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. 841 of 2002() ----------------------------------- LAR.439/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANTS -------------------------------------- 1. KUSUMAKUMARI, THIRUVICKAL VEEDU, MUNDAKKAL, KOLLAM 2. DR.GOPAL, TADEEYATHU, NANGIARKULANGARA, CHINGOLI, ALAPPUZHA DISTRICT BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS GENERAL MANAGER, KAYAMKULAM ADV. SRI.V.J.JOSEPH FOR R2 SMT.M.V.LIGI FOR R2 SRI.V.K.BEERAN, ADDL.ADVOCATE GENERAL FOR R1 GOVERNMENT PLEADER SRI.V.T.MOHAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & SURENDRA MOHAN, JJ ------------------------------------------------------------------ L.A.A.NO.841 OF 2002 -------------------------------- Dated this the 14th day of August, 2009. J U D G M E N T Pius C.Kuriakose,J This is an appeal filed by the claimants aggrieved by the inadequacy of the compensation determined by the reference court. Their properties were acquired for the purpose of National Thermal Power Corporation for their project at Kayamkulam, Alappuzha. The Land Acquisition Officer classified the lands as dry land as well as wet land. For the wet land the Land Acquisition Officer awarded land value at the rate of Rs.3050/- per Are which under the impugned judgment the learned Sub Judge enhanced to Rs.4880/-. For the dry lands the Land Acquisition Officer awarded land value at the rate of Rs. 13200/- which was re-fixed as Rs.24,000/-. 2. We have heard the submission of Mr.K.Sasikumar learned counsel for the appellant and those of Sri.Joseph, learned counsel for requisitioning authority. We have heard Mr. V.T.K.Mohanan, learned Govt. Pleader. Having considered the rival submission addressed at the Bar and having made re-appraisal of the evidence, we are of the view 2 that there is warrant for interference with the enhancement granted for dry lands. On a better assessment based on evidence available on record we are of the view that the market value of dry lands under acquisition can be re-fixed at Rs. 6,100/-. 3. The appeal is allowed to the extent of re-fixing the market value of the dry lands under acquisition at Rs. 6,100/-. Needless to mention appellants claimants will be eligible for all statutory benefits resulting from the re-fixation market value under this judgment admissible Sec.23(2) , 23 (1A) and Section 28 of the Land Acquisition Act. PIUS C. KURIAKOSE ,JUDGE. K. SURENDRA MOHAN, JUDGE. pm The words “dry lands” occurring in paragraphs 2 and 3 of the judgment dated 14/08/2009 in L.A.A.NO.841/2002 are corrected and substituted as “reclaimed dry lands” vide order dated 28/05/2010 in I.A.1233/2010. Sd/- Registrar (Judicial)