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. 825 of 1999(A) -------------------------- LAR.363/1991 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): -------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): --------------- 1. BHASKARAN PANARAYIL, CHINGOLI 2. DEPUTY GENERAL MANAGER, NTPC KAYAMKULAM ADV. SRI.B.KRISHNA MANI SRI.V.PREMCHAND SRI.S.KRISHNAMOORTHY FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ -------------------------------------------------------------------- L.A.A.NO.825 OF 1999 -------------------------------- Dated this the 14th day of August, 2009. J U D G M E N T Pius C.Kuriakose,J This is an appeal preferred by the Government. The acquisition is for the purpose of NTPC for their project at Kayamkulam in Alappuzha. The Land Acquisition Officer awarded land value at the rate of Rs.3050/- per Are which under the impugned judgment enhanced at the rate of Rs.7750/-. Having gone through the impugned judgment having heard the submission of the learned Govt. Pleader and learned counsel for the respondent , we feel that the re-fixation of market value made by the learned Sub Judge is not correct. On a better assessment based on evidence available on record we feel that the market value of the acquired property can be re-fixed at the rate of 9150/- per Are. The judgment under appeal is to be interfered with. Accordingly we set aside the impugned 2 judgment and decree and re-fix the land value of the acquired properties at Rs.9150/- per Are. Needless to mention, the claimant will be entitled to all statutory benefits resulting from the re-fixation done under this judgment. The appeal is allowed as above without any order as to costs. It is made clear that the appellant will be entitled to the costs allowed under the trial court decree. PIUS C. KURIAKOSE ,JUDGE. K. SURENDRAMOHAN, JUDGE. pm