IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 LA.App..No. 221 of 1999(A) & CROSS OBJECTION -------------------------- LAR.366/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): ADDITIONAL 2ND RESPONDENT -------------- DEPUTY GENERAL MANAGER NATIONAL THERMAL POWER CORPORATION LTD KAYAMKULAM, ALAPPUZHA BY ADV. SRI.B.S.KRISHNAN, SENIOR ADVOCATE SRI.K.ANAND RESPONDENT(S): CLAIMANTS 1 TO 4 AND RESPONDENT NO.1 --------------- 1. THANKAMMA ELAMTHODATHU VEEDU CHINGOLI VILLAGE ALAPPUZHA DT. (DIED) 2. CHELLAMMA ELAMTHODATH VEEDU CHINGOLI VILLAGE ALAPPUZHA 3. BHANUMATHI AMMA ELAMTHODATH VEEDU CHINGOLI VILLAGE ALAPPUZHA 4. CHANDRAN NAIR ELAMTHODATH VEEDU CHINGOLI VILLAGE ALAPPUZHA LAA.NO.221/99 5. STATE OF KERALA REP. BY CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM ADDITIONAL RESPONDENTS 6. SAROJINI, ELAMTHODATH VEEDU CHINGOLI VILLAGE, ALAPPUZHA DIST. 7. SANTHA -DO -DO- 8. GOPALAN NAIR -DO - -DO- 9. CHANDRAN -DO- -DO- 10. SURENDAN -DO - -DO- 11. KAMALAMMA -DO - -DO- Additional respondents impleaded as the legal heirs of deceased first respondent vide order dated 24-8-04 in I.A.No.1906/04 GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN SRI.SIBY MATHEW SRI.WILSON URMESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 221 OF 1999 & Cross Objection - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. This is an appeal by the claimant and the case pertains to acquisition of land in Chingoli village for the purpose of National Thermal Power Corporation. The land acquisition officer awarded land value at a uniform rate of Rs. 2428/- per cent and the reference court under the impugned judgment refixed the same at Rs. 3642/- per cent. All the documents put in evidence by the claimants were rejected by the court below including Ext.A4 dated 16-11-1988 which revealed a land value of Rs. 12,000/- per cent. Ultimately, it is on guess work that the reference court granted 50% enhancement and refixed the land value at Rs. 3642/- per cent. 2. We have heard the submissions of Sri.B.Premnath, learned counsel for the appellant and Smt.Latha Krishnan, learned counsel for the requisitioning Authority. We have gone through the impugned judgment and we have gone through the evidence. One of the controversies which arises is as to what is the nature of the property under acquisition- whether wet land or dry land. Sri.Premnath's assertion is that the land was dry land though in the basic records the same is shown as nilam. Smt.Latha would LAA.No.221/1999 2 submit that going by the records the property was wet land only. We have gone through the mahazer. The mahazer reveals that 6.30 Ares from out of the total extent of 9.10 Ares acquired was actually Purayidam though in the basic records the same is described as Nilam. Having re-appreciated the evidence, we are of the view that on better guess , the correct market value of 6.30 Ares from out of 9.10 Ares which is lying as Purayidam, could be refixed at Rs. 4,000/- per cent. The cross objection stands allowed to that extent. The appeal stands dismissed. It is made clear that the cross objectors will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which he become eligible by virtue of this judgment. The parties are directed to suffer their costs in the appeal and cross objection. The Appeal is dismissed. The Cross Objection is allowed to the above extent. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.221/1999 2