IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 LA.App..No. 1273 of 2003() -------------------------- LAR.119/2001 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT IN L.A.R. -------------------------------------- THE NATIONAL THERMAL POWER CORPORATION LIMITED, KAYAMKULAM, REP. BY ITS CHIEF MANAGER, (H.R.). BY ADV. SRI.V.J.JOSEPH RESPONDENT(S): CLAIMANTS & THE 1ST RESPONDENT IN L.A.R. ------------------------------------------------------- 1. BALAKRISHNA PILLAI, S/O.PARAMESWARA KURUP, KOLLAKAYIL VEEDU, KANJOOR KOTTAKKAKOM, CHEPPAD VILLAGE, REP. BY THE POWER OF ATTORNEY HOLDER PARAMESWARA KURUP, S/O.KESAVAKURUP, KOLLAKKALYIL VEEDU, KANJOOR, KOTTAKKAKAM, CHEPPAD, VILLAGE. 2. THE STATE OF KERALA, REP. THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, THIRUVANANTHAPURAM. ADV. SRI.K.SASIKUMAR FOR first respondent GOVT.PLEADER SRI.NOBLE MATHEW. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008, ALONG WITH LAA NO. 27 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No. 1273/03 & 27/06 ---------------------------------------------- Dated 21st October, 2008. J U D G M E N T Kurian Joseph, J. These are appeals filed by the requisitioning authority, viz., NTPC Limited, aggrieved by the fixation of land value by the reference court. The acquisition is for NTPC, Kayamkulam. Learned counsel appearing for the appellants, inviting reference to the letter dated 28.8.2008 of the Manager (HR-Law), NTPC submits that as permitted by this court earlier, these cases also can be disposed of, permitting them to withdraw the appeals, since the requisitioning authority does not want to pursue the appeals in respect of the cases where the enhancement in land value is below Rs.50,000/- and where the enhancement is less than 100% for wet land and 150% for dry land. It is also submitted that the judgment in these cases may not be taken as a precedent. Still further it is submitted that with the above condition, this court had already disposed of similar cases granting also the refund of the court fee. The above submissions are not in dispute. It is also not in dispute that these cases are covered by the instruction given by the Manager in the LAA Nos.1273/03 & 27/06 2 letter referred to above. Therefore, the appeals are dismissed as withdrawn with a direction to refund the court fee. In view of the above facts and circumstances, it is made clear that the land value covered by these cases shall not be referred or relied on for the purpose of fixation of land value in other cases. It is also made clear that in case the award amounts due to the claimants covered by these appeals have not been paid to them on the ground of pendency of the appeals, in view of the disposal of the appeals as above, the requisitioning authority shall deposit the award amounts within one month from the date of production of a copy of the judgment, if not already deposited. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. Nos.1273/03 & 27/06 ---------------------------------------------- J U D G M E N T Dated 21st October, 2008.