IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 LA.App..No. 359 of 2000(D) -------------------------- LAR.411/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT/RESPONDENT: -------------- STATE OF KERALA. BY SR.GOVT. PLEADER SMT. LATHA T. THANKAPPAN RESPONDENT(S): --------------- 1. KOCHUMMAN ELIZABETH, THEKKUDUKKATTU, KANJOOR, KOTTAKAKOM, CHINGOLI. 2. ACHAMMA ABRAHAM, THEKKUDUKKATTU, KANJOOR, KOTTAKAKOM, CHINGOLI. 3. ANNAMMA, THEKKUDUKKATTU, KANJOOR, KOTTAKAKOM, CHINGOLI. 4. N.T.P.C. LIMITED. ADV. SRI.K.ANAND (A.201) FOR R4 SMT.LATHA KRISHNAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.359 of 2000 ---------------------------------- Dated this the 17th day of May, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. We do not find any warrant for interference in this appeal filed by the Government. The case pertains to acquisition of land in Chingoly Village for the purposes of N.T.P.C's Kayamkulam Project. Relevant Section 4(1) notification was published on 18.11.1989 and was categorised as wet land partly reclaimed and Land Acquisition Officer awarded land value at the rate of Rs.2,200/- per Are. The reference court on the basis of the evidence which came on record refixed the land value at Rs.6,400/- per Are thus granting an enhancement of about 190% over and above what was awarded by the Land Acquisition Officer. We notice various judgments of this court pertaining to the acquisition of identical land for the same purpose. We also notice that the requisitioning authority took a policy decision to withdraw from appeals filed by them wherein enhancement upto 150% was awarded L.A.A.359/2000-D 2 by the Land Acquisition Court in cases involving dry lands. According to us the present enhancement of 190% granted to the respondent is justifiable. Accordingly the appeal will stand dismissed. No costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb