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. 987 of 2004 (B) ------------------------- LAR.68/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): -------------- THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM-REPRESENTED BY ITS CHIEF MANAGER (H.R). BY ADV. SRI.V.J.JOSEPH SMT.M.V.LIGI RESPONDENT(S): --------------- 1. VASUDEVAN, KARINKUTTIKKAL, PALLIPPAD SOUTH, PALLIPAD. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. ADV. SRI.M.R.ARUN KUMAR 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.987 of 2004 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and the case pertains to acquisition of land for its project at Kayamkulam. The Land Acquisition Officer awarded land value at the rate of Rs.7972/- per Are for dry land and at the rate of Rs.825/- per Are for wet lands. The Reference Court under the impugned judgment re-fixed the land value at Rs.25,000/- per Are and Rs.12,000/- per Are respectively for dry and wet lands. Even though the first respondent was served with notice, he has not entered appearance before this Court. L. A. A. No.987 of 2004 -2- 2. Having heard the submissions of Mr.V.J.Joseph, the learned counsel for the appellant and those of Smt.P.N.Sumangala, the learned Government Pleader for the Government and having gone through the impugned judgment and having made a re-appraisal of the evidence, we are of the view that the fixation of the market value by the Reference Court is excessive. On a better assessment, in our opinion, the market value of the dry lands under acquisition could be re-fixed at Rs.19,800/- per Are and those of wet lands under acquisition could be re- fixed at Rs.2,500/- per Are. Setting aside the judgment and decree under appeal, we re-fix the market value of the dry lands at Rs.19,800/- per Are and those of wet lands at Rs.2,500/- per Are. 3. The appeal will stand allowed to the above L. A. A. No.987 of 2004 -3- extent, but in the circumstances, without any order as to costs. It is needless to mention that the total enhanced compensation to which the respondent/ claimant 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/-