IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 LA.App..No. 200 of 2006(D) -------------------------- LAR.1/2000 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE CHIEF MANAGER (HR), NATIONAL THERMAL POWER CORPORATION LTD., NANGIARKULANGARA, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANTS & IST RESPONDENT ----------------------------------------- 1. JOSEPH, VALAVAKKOTTU VADAKKETHIL, CHEPPAD. 2. SMT.ELIYAMMA, DO. DO. 3. STATE OF KERALA, REPRESENTED BY ADDL. GOVT. PLEADER, MAVELIKARA. ADV. SRI.K.SASIKUMAR FOR R2 GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.200 of 2006 ----------------------------------------- Dated this the 18th day of December, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the requisitioning authority, viz., NTPC Limited, aggrieved by the fixation of land value by the reference court, namely, Sub Court, Mavelikkara. The acquisition is for the purpose of NTPC. Learned counsel appearing for the appellant, inviting reference to the letter dated 28-8-2008 of the Manager, (HR-Law), NTPC, submits that as permitted by this court earlier, this case also can be disposed of permitting him to withdraw the appeal, since the requisitioning authority does not want to pursue the appeal 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 this case 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 L.A.A.No.200 of 2006 -:2:- are not in dispute. It is also not in dispute that this case is covered by the instruction given by the Manager in the letter referred to above. Therefore, the appeal is dismissed as withdrawn with a direction to refund the court fee.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 this case 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 this appeal have not been paid to them on the ground of pendency of the appeal, in view of the disposal of the appeal 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) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.200 of 2006 ---------------------------- JUDGMENT 18th December, 2008