IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 LA.App..No. 80 of 2006(D) ------------------------- LAR.7/2000 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): CLAIMANTS/IST RESPONDENT. ---------------------------------------- 1. SRI.K.NARAYANAN NAMBOOTHIRI, MAVILA ILLATHU, EVOOR NORTH MURI, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA,(SPECIAL TAHSILDAR L.A.), NO.III, S.T.P.S. (IST RESPONDENT IN THE LAR). ADV. SRI.D.SOMASUNDARAM FOR R1 SR. GOVT. PLEADER SMT.P.N. SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.80 of 2006 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and they are aggrieved by the re-fixation of the value of the property under acquisition from Rs.3056/- per Are to Rs.15,000/- per Are. 2. Having heard the submissions of Mr.Shafik M. Abdulkhadir, the learned counsel for the appellant and those of Mr.D.Somasundaram, the learned counsel for the claimant/respondent, having gone through the impugned judgment and having made a re-appraisal of the evidence, we are of the view that the enhancement granted by the Reference Court is L. A. A. No.80 of 2006 -2- excessive. We set aside the judgment and decree under appeal and re-fix the market value of the land under acquisition at Rs.9,000/- per Are. 3. The appeal will stand allowed to the above extent. It is needless to mention that the respondent/claimant will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of the re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-