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. 653 of 2005(C) ------------------------- LAR.100/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT. ----------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANT/IST RESPONDENT. --------------------------------------- 1. KARUNAKARAN, POWER OF ATTORNEY HOLDER OF USHA KUMARI ATHALAKANDATHIL, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. KUMARI RAJEE KRISHNA, ATHALAKANDATHIL, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 3. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA (SPECIAL TAHSILDAR L.A.).NO.III, S.T.P.S.HARIPPAD (IST RESPONDENT IN THE L.A.R.). 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.653 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J Even though the respondents/claimants were served with notice, they have not entered appearance before this Court. We have heard the submissions of Mr.Shafik M. Abdulkhadir, the learned counsel for the appellant and those of Smt.Sumangala, the learned Government Pleader. This is a case where the Land Acquisition Officer awarded land value at the rate of Rs.3521/- per Are which was enhanced the by the Reference Court to Rs.50,000/-. 2. We are in agreement with the learned counsel for the appellant that the enhancement granted is excessive. Having re-appraised the evidence, we are L. A. A. No.653 of 2005 -2- of the view that the market value of Rs.3521/- could be re-fixed at Rs.10500/- per Are. Accordingly, setting aside the judgment and decree under appeal, we re-fix the market value of the land under acquisition at Rs.10,500/- per Are. 3. The appeal will stand allowed to that extent, but without any order as to costs. It is needless to mention that the respondents/claimants will be entitled for all statutory benefits on the total enhanced compensation which becomes admissible to them by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-