IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 LA.App..No. 163 of 2005 ------------------------- ( LAR.280/2002 of PRINCIPAL SUB COURT,ALAPPUZHA) APPELLANT/2ND RESPONDENT ------------------------------------------------ NATIONAL THERMAL POWER CORPORATION LTD. REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.SHAFIK M.ABDULKHADIR RESPONDENTS/CLAIMANTS& 1ST RESPONDENT ------------------------------------------------------------------------ 1. SRI.VASUDEVA KURUP, KOLLAPPALLIL, AYIKKATTUMOOLA, CHEPPAD, CHINGOLI VILLAGE, KAYAMKULAM. 2. LEELAVATHY AMMA, KOLLAPPALLIL, AYIKKATTUMOOLA, CHEPPAD, CHINGOLI VILLAGE, KAYAMKULAM. 3. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA (SPECIAL TAHSILDAR L.A.) NO.III, S.T.P.S. HARIPAD, (1ST RESPONDENT IN THE COURT BELOW) R1 AND R2 BY ADV. SRI.K.SURENDRA MOHAN AND ADV. SRI.R.RADHAKRISHNA VARMA R3 BY SR. GOVT. PLEADER ADV. SHRI NOBLE MATHEW. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, ALONG WITH LAA.No. 167 OF 2005 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ........................................................................ L.A.A. Nos. 163, 167, 315, 834, 836, 837, 883, 905, 1138, 1209, 1248, 1267, 1328, 1329, 1374 & 1420 OF 2005 AND 382 OF 2006. ......................................................................... Dated this the 16th September, 2008 J U D G M E N T Kurian Joseph, J: C.M. APPLICATION Nos. 209 OF 2005 IN L.A.A.NO. 167 OF 2005 AND 1735 OF 2005 IN L.A.A.No. 1248 OF 2005: Delay in filing the appeals are condoned. L.A.A.Nos. 163 OF 2005 AND CONNECTED CASES: These are appeals filed by the requisitioning authority, viz., NTPC Limited, aggrieved by the fixation of land value by the reference court. The acquisition is for NTPC, Kayamkulam. Learned counsel appearing for the appellants, inviting reference to the letter dated 28.8.2008 of the Manager (HR-Law), NTPC submits that as permitted by this court earlier, these cases also can be disposed of, permitting them to withdraw the appeals, since the requisitioning authority does not want to pursue the appeals 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 these cases may not be taken as a precedent. Still further it is submitted that with the above condition, this L.A.A.No. 163 OF 2005 AND CONNECTED CASES. 2 court had already disposed of similar cases granting also the refund of the court fee. The above submissions are not in dispute. It is also not in dispute that these cases are covered by the instruction given by the Manager in the letter referred to above(Copy of the said letter will be marked as 'X'). Therefore, the appeals are 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 these cases 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 these appeals have not been paid to them on the ground of pendency of the appeals, in view of the disposal of the appeals 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. K.T. SANKARAN, JUDGE. lk