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. 64 of 2005(A) ------------------------ LAR.94/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE CHIEF MANAGER (HR), NATIONAL THERMAL POWER CORPORATION LTD., NANGIARKULANGARA, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANT ----------------------- 1. MANIAMMA, MUKTHIAR HOLDER, ASHA NILAYATHIL, VALIYAKUZHI MURI, CHEPPAD VILLAGE. 2. STATE OF KERALA, REP. BY ADDL.GOVT. PLEADER, MAVELIKKARA. ADV. SRI.PHILIP M.VARUGHESE FOR R1 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: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.64 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the Requisitioning Authority and we have heard the submissions of Smt.Latha Krishnan, learned counsel for the appellant and those of Mr.Philip M. Varughese, learned counsel for the claimant/respondent. We have heard Smt.P.N.Sumangala, the learned Government Pleader also. We feel that the enhancement granted by the Reference Court under the impugned judgment from Rs.735/- per Are to Rs.8,315/- per Are is excessive. On a better assessment of the market value based on the evidence available on record, we are of the view L. A. A. No.64 of 2005 -2- that the market value of the lands under acquisition will have to be re-fixed at Rs.2205/- per Are. Accordingly, setting aside the judgment and decree under appeal, we re-fix the land value of the property under acquisition at Rs.2205/- per Are. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is made clear that for the total enhanced compensation to which the claimant/respondent becomes eligible by virtue of this re-fixation, he will be entitled for all statutory benefits. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-