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. 416 of 2005(D) -------------------------- LAR.185/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT. ----------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.SHAFIK M.ABDULKHADIR RESPONDENT(S): CLAIMANTAS AND IST RESPONDENT. --------------------------------------------- 1. KUNJU PILLAI, PANTHIRAMPALLIL, AYIKKATTUMOOLA,CHEPPAD, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA, SPECIAL TAHSILDAR, L.A. NO.III, S.T.P.S.HARIPPAD, (IST RESPONDENT IN THE COURT BELOW). 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.416 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the Requisitioning Authority. We have heard the submissions of Mr.Shafik M.Abdulkhadir and those of Mr.K.Sasikumar, the counsel for the claimant/respondent. We have heard the submissions of Smt.P.N.Sumangala, the learned Government Pleader also. The Land Acquisition Officer categorised the properties under acquisition into two categories i.e. reclaimed wet lands and wet lands. For reclaimed wetlands he awarded a land value at the rate of Rs.2326/- per Are which was enhanced by the Reference Court to Rs.16000/- per Are. For the L. A. A. No.416 of 2005 -2- wetlands, he awarded land value at the rate of Rs.2039/- per Are which was enhanced by the Reference Court to Rs.8000/- per Are. Having re-appraised the evidence and having considered the submissions addressed at the Bar, we are of the view that on a better assessment of the market value on the basis of some evidence which is available on record, the market value of the lands for which the Land Acquisition Officer awarded Rs.2326/- per Are can be re-fixed at Rs.7,000/- per Are. Similarly, we are of the view that the lands for which the Land Acquisition Officer awarded market value of Rs.2039/- per Are only can be re-fixed at Rs.6970/- per Are. Setting aside the judgment and decree under appeal, we re-fix the market value of the reclaimed wetland at Rs.7,000/- per Are and re-fix the market L. A. A. No.416 of 2005 -3- value of wetlands at Rs.6970/- per Are. In respect of the lands for which the Land Acquisition Officer has awarded Rs.2326/- per Are. The entire amount which has been awarded towards reclamation charges will be deducted. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that the total enhanced compensation to which the party becomes eligible by virtue of our re-fixation under this judgment, he will be entitled for all statutory benefits. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-