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. 635 of 2005(C) ------------------------- LAR.73/1999 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/1ST RESPONDENT: ---------------------------------------------------- 1. SRI.UNNIKRISHNAN, RAJ BHAVANAM, AYIKKATTUMOOLA, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 2. SMT.OMANA, RAJ BHAVANAM, AYIKKATTUMOOLA, CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 3. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A) NO.III, S.T.P.S. HARIPAD, (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.635 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J The Requisitioning Authority is in appeal and the claimants have not entered appearance though there is service of notice. The grievance is that it is exorbitant enhancement of Rs.2039/- per Are to Rs.20,000/- per Are which is granted by the Reference Court under the impugned judgment. 2. Having considered the submissions of Sri.Shafik M. Abdulkhader, the learned counsel for the appellant and those of Smt.P.N.Sumangala, the learned Government Pleader and having gone through the impugned judgment and having made a quick survey of the evidence, we are of the view that the enhancement granted is excessive. On a better L. A. A. No.635 of 2005 -2- assessment of the market value based on the same evidence, the market value in our own opinion can be re-fixed at Rs.6,000/- per Are. Accordingly, setting aside the judgment and decree under appeal, we re-fix the market value of the land under acquisition at Rs.6,000/- per Are. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. 3. It is needless to mention that 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/-