IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 LA.App..No. 1003 of 2008(A) -------------------------------- LAR.303/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT --------------------------------------- N.T.P.C. LTD., REPRESENTED BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/IST RESPONDENT ----------------------------------------------------- 1. SMT.CHADRAMATHY, PUSHPAMANGALAM HOUSE, AYIKKATTMOOLA MURI, CHINGOLI, ALAPPUZHA DISTRICT. 2. SMT.PONNAMMA, PUSHPAMANGALAM HOUSE, AYIKKATTMOOLA MURI, CHINGOLI, ALAPPUZHA DISTRICT. 3. SRI.RAJASEKHARAN NAIR, PUSHPAMANGALAM HOUSE, AYIKKATTMOOLA MURI, CHINGOLI, ALAPPUZHA DISTRICT. 4. SMT.SAILAJA KUMARI, PUSHPAMANGALAM HOUSE, AYIKKATTMOOLA MURI, CHINGOLI, ALAPPUZHA DISTRICT. 5. STATE OF KERALA-REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A) NO.III, S.T.P.S. HARIPAD, IST RESPONDENT IN THE LAR). ADV. SRI.K.SASIKUMAR FOR R1-2&4 GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN (SR.) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1003 of 2008 ------------------------------------------------ Dated this the 11th day of August, 2010 JUDGMENT Pius C. Kuriakose, J NTPC Kayamkulam/the Requisitioning Authority is in appeal. Lands in question (both wetlands and dry lands) were acquired for the purpose of establishment of the appellant's Kayamkulam Project. For wetlands the Land Acquisition Officer awarded land value at the rate of Rs.2326/- per Are. The Reference Court enhanced the same to Rs.15,000/- per Are. For the dry lands, the Land Acquisition Officer awarded land value at the rate of Rs.9365/- per Are. The Reference Court enhanced the same to L. A. A. No.1003 of 2008 -2- Rs.25,000/- per Are. 2. Having heard the submissions addressed at the Bar and having taken into account the decision taken by this Court in other cases pertaining to the same acquisition, we are of the view that the enhancement granted by the Reference Court in the case of wetlands extending to 2.70 cents is excessive. We interfere with the enhancement granted in respect of wetlands and re-fix the value of wet lands extending to 2.70 Ares at Rs.7,000/- per Are. 3. The appeal is allowed to that extent only. It is needless to mention that the claimants will be entitled for all statutory benefits admissible under Sections on the re-fixed compensation by virtue of this judgment. Parties are directed to suffer their L. A. A. No.1003 of 2008 -3- respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-