IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 LA.App..No. 632 of 2005() ------------------------- LAR.39/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REP. BY ITS CHIEF MANAGER (HR), KAYAMKULAM. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): CLAIMANTS/1ST RESPONDENT --------------------------------------- 1. SMT.THANKAM RAJAN, CHATHAVANA, VALIAKUZHY, CHEPPAD VILLAGE, KAYAMKULAM. 2. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ALAPPUZHA.(SPECIAL TAHSILDAR L.A. NO.III, S.T.P.S. HARIPAD. (1ST RESPONDENT IN THE L.A.R). GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R2 SRI.JAYAN.C.DAS FOR R1 ADDL.ADVOCATE GENERAL FOR R SRIR.AZAD BABU FOR R1 SRI.JAYAN.C.DAS FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.632 OF 2005 ------------------------ Dated this the 27th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. The requisitioning authority is in appeal. They are aggrieved by the refixation of land from Rs.7972/- per Are to Rs.50,000/- per Are. Having gone through the impugned judgment and having considered the submissions of Sri. Shafik M.AbdulKhadir, learned counsel for the appellant and those of the learned counsel appearing for the claimant and the learned senior Government Pleader Sri.Basant Balaji, we are in agreement with the learned counsel for the appellant that enhancement granted is excessive. On reappraisal of the evidence, which we have made, we feel that the market value of the property under acquisition can be refixed at Rs.20,000/- per Are. Hence setting aside the judgment under appeal, we refix the market value of the land under appeal at Rs.20,000/-. 2. The appeal will stand allowed to the above extent. But, under the circumstances, without any order as to costs. It is needless to mention that the claimant will be entitled for all LAA.No.632/2005 2 statutory benefits admissible under law on the total enhanced compensation to which they become eligible by virtue of refixation done under this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk