IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 618 of 2005(D) -------------------------- LAR.49/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.SHAFIK M.ABDULKHADER RESPONDENT(S): CLAIMANT/1ST RESPONDENT: --------------------------------------- 1. SRI. VASUDEVAN NAIR RADHAKRISHNAN NAIR, MADATHIL VEEDU, VALIAKUZHI, CHEPPAD VILLAGE, ALAPPUZHA. 2. SMT. USHA KUMARI, W/O. RADHAKRISHNAN NAIR, MADATHIL VEEDU, VALIAKUZHI, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 3. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA (SPECIAL TAHSILDR L.A.) NO.III, S.T.P.S. HARIPAD. (1ST RESPONDENT IN THE L.A.R.) GOVT. PLEADER SMT.P.N. SUMANGALA SRI.RASHEED C.NOORANAD FOR R1 & R2 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.618 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the Requisitioning Authority and their grievance is that the Reference Court has enhanced the land value exorbitantly from Rs.7972/- per Are to Rs.50,000/- per Are. 2. We have heard the submissions of Sri.Shafik M. Abdulkhader, the learned counsel for the appellant and those of Smt.Latha Anand, counsel for the claimants. We have heard Smt.P.N.Sumangala, the learned Government Pleader also. 3. Having heard the submissions and having gone through the impugned judgment, we feel that the enhancement granted by the Reference Court is excessive. Accordingly, we set aside the judgment and decree under appeal and remand the LAR to the L. A. A. No.618 of 2005 -2- Subordinate Judge's Court, Mavelikkara. That court is directed to afford opportunity to all parties to adduce evidence, if they want to, and pass the revised judgment at the earliest. Refund full court fee paid on the appeal memorandum to Sri.Shafik M. Abdulkhader, the learned counsel for the appellant. We clarify that in the event of the respondents/ claimants under the revised judgment becoming eligible for enhancement at more than 200% of what is awarded by the Land Acquisition Officer, such enhancement over 200% will not be eligible for statutory interest under Section 28 during the period from 27/03/05 till 17/08/09. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-