IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 LA.App..No. 1342 of 2002() -------------------------- LAR.489/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT ---------------------- ACHAMMA ABRAHAM, PATTAMUKKIL VEEDU, KANJOOR KOTTAKKAKOM, CHINGOLI. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM REPRESENTED BY ITS GENERAL MANAGER. GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R1 SRI.K.ANAND (A.201) FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2009, ALONG WITH LAA. 1343/02 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- LAA. Nos. 1342 & 1343 of 2002 ----------------------------------------------- Dated this the 26th day of August, 2009 J U D G M E N T Pius C. Kuriakose, J. These are appeals by the claimants and they are aggrieved in that the reference court granted them only enhancement by cent per cent over what was awarded by the L. A. Officer. In other words, the land value at the rate of Rs.2,200/- per Are which was awarded by the L.A. Officer was re-fixed by the learned Subordinate Judge under the impugned judgment to Rs.4,400/-. 2. Having regard to the grounds raised and the submissions addressed before us by Sri.K.Sasikumar, learned counsel for the appellants and Smt.Latha K.Anand, counsel for the requisitioning authority and the learned Govt. Pleader Sri.Basant Balaji and having made a reappraisal of the evidence, we feel that there is justification for granting more enhancement to the claimant. LAA. Nos. 1342 & 1342 of 2002 -2- Accordingly, modifying the judgment of the learned Subordinate Judge we re-fix value of the land under acquisition at Rs.5,500/- per Are. Both the appeals are allowed as above, but in the circumstances without any order as to costs. It is made clear that the claimants will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of the re-fixation done under this judgment. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/- LAA. Nos. 1342 & 1342 of 2002 -3- PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. LAA. No. 1342 & 1343 of 2002 JUDGMENT 26th August, 2009