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. 65 of 2005(A) ------------------------ LAR.92/1999 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 & 1ST RESPONDENT ----------------------------------------- 1. VIJAYAN S/O. PADMANABHAN, CHAKKOOR THEKKETHIL, (VIJAYAVILAS BHAVANAM), NANGIARKULANGARA. 2. VILASINI, DO. DO. DO. 3. STATE OF KERALA, REPRESENTED BY ADDL.GOVT.PLEADER, AVELIKARA. BY 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.65 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and we have heard the submissions of Smt.Latha Krishnan, the learned counsel for the appellant and those of Sri.Philip M. Varughese, the learned counsel for the respondents/claimants. We have heard Smt.P.N.Sumangala, the learned Government Pleader also. The Land Acquisition Officer awarded land value at the rate of Rs.735/- per Are which was enhanced by the Reference Court under the impugned judgment by Rs.5265/- per Are. 2. Having re-appraised the evidence and having gone through the impugned judgment, we are of the view that the enhancement granted by the Reference Court is excessive. On a better assessment of the L. A. A. No.65 of 2005 -2- market value of the land based on the same evidence, the market value of the land under acquisition can be re-fixed at Rs.2205/- per Are. Accordingly, setting aside the judgment and decree under appeal, we re-fix the value of the land under acquisition at Rs.2205/- 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 for the total enhanced compensation to which the claimants/ respondents become eligible by virtue of this re- fixation, they will be entitled for all statutory benefits. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-