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. 679 of 2005(D) -------------------------- LAR.145/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.SHAFIK M.ABDULKHADIR RESPONDENT(S): CLAIMANT & 1ST RESPONDENT: ----------------------------------------- 1. SRI. P. T. IYPE, S/O. THOMAS, PULIMOOTTIL, KOTTAKATT, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALAS, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA DISTRICT. (SPECIAL TAHSILDAR LA) NO.III, S.T.P.S. HARIPAD, (1ST RESPONDENT IN THE L.A.R.) GOVT. PLEADER SMT.P.N.SUMANGALA SRI.K.SASIKUMAR FOR R1 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.679 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and their grievance is that the Reference Court has granted exorbitant enhancement of Rs.3056/- per Are to Rs.20000/- per are. 2. Having heard the submissions of Mr.Shafik M. Abdulkhadir and those of Mr.K.Sasikumar, the learned counsel for the claimant/respondent as well as those of Smt.P.N.Sumangala, the learned Government Pleader and having made a re-appraisal of the evidence, we are in agreement with the learned counsel for the appellant. According to us, on a better L. A. A. No.679 of 2005 -2- assessment of the market value based on same evidence, the market value can be re-fixed at Rs.9,200/- per Are. Accordingly, setting aside the judgment and decree under appeal, we re-fix the market value of the land under acquisition at Rs.9,200/- per Are. 3. Appeal will stand allowed to that extent. It is needless to mention that the claimant/first respondent will be entitled for all statutory benefits admissible to him on the total enhanced compensation by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-