IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 LA.App..No. 827 of 2009(B) -------------------------------------- [LAR.NO.124/1999 OF SUB COURT, MAVELIKKARA] .................... APPELLANT: ------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SRI. C.R. SHYAM KUMAR. RESPONDENTS/CLAIMANTS: ------------------------------------------ 1. VARGHESE,GRACE COTTAGE,(KANNAMPALLILAYA PALINJARA MANNAMPALLIL), CHEPPAD KIZHAKKAN MURI, CHEPPAD. 2. ELIAMMA, GRACE COTTAGE, (KANNAMPALLILAYA PALINJARA MANNAMPALLIL), CHEPPAD KIZHAKKAN MURI, CHEPPAD. 3. NTPC LTD., KAYAMKULAM. R1 & R2 BY ADV. SRI.PHILIP M.VARUGHESE, R3 BY ADV. K.ANAND ,S.C. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A. NO. 827/2009-B: J U D G M E N T This L.A.A. is dismissed as surplus age in view of the judgment already rendered in L.A.A. 227/05, the appeal preferred by the requisitioning authority. SD/- PIUS C.KURIAKOSE, JUDGE, 04/11/11. SD/- C.K.ABDUL REHIM, JUDGE. //TRUE COPY// P.S. TO JUDGE Prv. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------------------------------- L.A.A.No.827 of 2009 ------------------------------------------------------------------- Dated this the 14th day of January, 2010. JUDGMENT Pius C.Kuriakose, J. Eventhough service of notice is complete on the respondents, they have not entered appearance before this court. The appeal pertains to acquisition of land in Cheppad village for the purpose of NTPC in its Kayamkulam project. Land Acquisition Officer awarded land value at Rs.3,521/- per Are. The reference court under the impugned judgment re-fixed the land value at Rs. 12,000/- per Are. Having regard to the submissions made by the learned Sr.Government Pleader Smt.Latha T.Thankappan and having gone through the impugned judgment we are of the view that the enhancement granted under the impugned judgment is slightly excessive. We modify the impugned judgment and decree and re-fix the land value at Rs.10,500/- per Are. Appeal stands allowed to that extent. It is made clear that the respondents will be entitled to statutory benefits on the total enhanced compensation as re-fixed in this judgment. Pius C.Kuriakose, Judge C.K.Abdul Rehim, Judge cms