IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 LA.App..No. 1891 of 2002(C) -------------------------- LAR.46/2001 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT IN LAR ----------------------------------- THE NATIONAL TERMAL POWER CORPORATION LTD.KAYAMKULAM STPP. NANGIYARKULANGARA 690 513 REPRESENTED BY ITS CHIEF MANAGER (H.R.) BY ADV. SRI.V.J.JOSEPH RESPONDENT(S): CLAIMANT& THE 1ST RESPONDENT IN LAR -------------------------------------------------- 1. J.KAMALAKSHY AMMA, KALATHIL PADITTATHIL, NANGIARKULANGARA. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVENMENT, GOVT.OF KERALA, SECRETARIAT BUILDING,TRIVANDRUM. ADV. DR.P.S.KRISHNA PILLAI FOR R1 GOVT. PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1891 of 2002 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This appeal is preferred by the Requisitioning Authority and they are aggrieved by the re-fixation of the market value of the lands under acquisition from Rs.3050/- per Are to Rs.12000/- per Are. 2. Having regard to the submissions of Sri.V.J.Joseph, the learned counsel for the appellant and Sri.P.S.Krishna Pillai, the learned counsel for the claimant/respondent and Sri.P.N.Sumangala, the learned Government Pleader, having gone through the impugned judgment and having made a re-appraisal of the evidence, we are of the view that the enhancement granted under the impugned judgment is slightly excessive. On a better assessment of the L. A. A. No.1891 of 2002 -2- market value based on same evidence, the market value of the property under acquisition can be re-fixed at Rs.9,000/- per Are. We set aside the judgment and decree under appeal and re-fix the market value of the lands under acquisition at Rs.9,000/- per Are. 3. 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 respondent/claimant will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible by virtue of the re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-