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. 541 of 2005(A) ------------------------- LAR.9/2000 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): CLAIMANT/1ST RESPONDENT: --------------------------------------- 1. SMT.K.K. VIJAYAMMA, GEETHALAYAM, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA _ REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A.) NO.III, S.T.P.S. HARIPAD (1ST RESPONDENT IN THE L.A.R.) ADV. SRI.PHILIP M.VARUGHESE FOR R1 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.541 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and they are aggrieved by the enhancement of value for the land under acquisition described by the Land Acquisition Officer as reclaimed dry lands from Rs.3056/- to Rs.50,000/- per Are. 2. We have heard the submissions of Mr.Shafik M. AbdulKhader, the learned counsel for the appellant. Mr.Philip M. Varughese counsel for the claimant and those of Smt.P.N.Sumangala, the learned Government Pleader for the State. We have made a re-appraisal of the evidence. Having considered the evidence and L. A. A. No.541 of 2005 -2- having gone through the impugned judgment on the basis of our re-appraisal of the evidence, we feel that the enhancement granted by the Reference Court is excessive. However, we find some merit in the submissions of Mr.Philip M. Varughese that the lands under acquisition in this case had some commercial potentiality. Having taken that into account, we are inclined to re-fix the land value at Rs.11,000/- per Are. As a result, setting aside the judgment and decree under appeal, we re-fix the market value of the land under acquisition to Rs.11000/- per Are. 3. Appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that the claimant will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible L. A. A. No.541 of 2005 -3- by virtue of re-fixation done under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-