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. 545 of 2005(A) ------------------------------ LAR.104/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT -------------------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REP. BY ITS CHIEF MANAGER(HR), KAYAMKULAM. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/1ST RESPONDENT --------------------------------------- 1. SRI.K.RAJAN, KUTTAN ACHARI, KOCHUVEETTIL KIZHAKKATHIL, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. SMT.OMANA, KOCHUVEETTIL KIZHAKKATHIL, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 3. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ALAPPUZHA(SPECIAL TAHSILDAR LA) NO.III, S.T.P.S.HARIPAD.(1ST RESPONDENT IN THE LAR GOVERNMENT 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.545 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J Even though the claimants/respondents have been served with notice, they have not entered appearance before this Court. We, therefore, heard the submissions of Sri.Shafik M. Abdulkhadir, the learned counsel for the appellant and those of Smt.Sumangala, the learned Government Pleader. 2. The Requisitioning Authority/NTPC is in appeal and they are aggrieved by the enhancement of land value from Rs.3,521/- per are to Rs.50,200/- per Are. We have made a re-appraisal of the evidence. We are of the view that the enhancement granted by the learned Subordinate Judge is excessive. On a better assessment of the market value based on the same L. A. A. No.545 of 2005 -2- evidence, the market value can be re-fixed at Rs.11,000/- per Are. Accordingly, we set aside the judgment and decree under appeal and re-fix the market value of the land under acquisition at Rs.11,000/- per Are. 3. Appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. The claimants/respondents will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-