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 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 1264 of 2005() ---------------------------------------- LAR.135/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT IN LAR. ------------------------ THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM REPRESENTED BY ITS CHIEF MANAGER (HR). BY ADVS.MR.V.J.JOSEPH SMT.M.V.LIGI RESPONDENT(S): CLAIMANTS AND THE IST RESPONDENT IN LAR. --------------------------- 1. SYAMALA DEVI, KALLUPURA THEKKE BUNGLOW, KOTTAPPURATHU CHERI, PARAVOOR VILLAGE, KOLLAM. 2. SREDEVI, KALLUPURA, THEKKEBUNGLOW, KOTTAPPURATHU CHERI, PARAVOOR VILLAGE, KOLLAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDINGS, TRIANDRUM. R1 & R2 BY ADV. SMT.R.RANJINI R3 BY GOVT. PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= L.A.A. No. 1264 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of August, 2009 JUDGMENT PIUS C.KURIAKOSE, J. This is an appeal by the requisitioning authority and they are aggrieved by the re-fixation of market value from Rs.7,972/- per Are to Rs.49,383/- by the reference court under the impugned judgment. 2. We have heard Sri.V.J.Joseph, the learned counsel for the appellant and St.Ranjini, the learned counsel for respondents 1 and 2. We have also heard Smt.P.N.Sumangala, the learned Government Pleader. We are of the view that enhancement granted by the reference court is excessive. On a re-appreciation of the evidence, we are of the view that on a better assessment based on the very same evidence the market value could have been re-fixed at the rate above Rs.25000/- per Are. 3. Hence judgment under appeal is set aside and we re-fix the value of the land under acquisition at Rs.25,000/-. It is needless the say that respondents 1 and 2/claimants will be entitled to all statutory benefits on the enhanced compensation to which the claimants become eligible on account of our re-fixation. L.A.A.No 1264/05 2 4. The appeal stands allowed to the above extent, in the circumstances without any order as to costs. PIUS C.KURIAKOSE, JUDGE. K.SURENDRA MOHAN, JUDGE. mn.