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. 56 of 2005(D) ------------------------- LAR.133/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): APPELLANT/2ND RESPONDENT IN L.A.R ----------------------------------------------- THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM - REPRESENTED BY ITS CHIEF MANAGER (H.R), . BY ADV. SRI.V.J.JOSEPH SMT.M.V.LIGI RESPONDENT(S): RESPONDENTS/CLAIMANT & THE 1ST RESPONDENT IN L.A.R ----------------------------------------------------------------- 1. SUKUMARAN NAIR, MADATHIL VEETTIL (LEKSHMI VILASOM), VALIYAKUZHY MURI, CHEPPAD VILLAGE. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. ADV. SRI.RASHEED C.NOORANAD 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.56 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority. We have heard the submissions of Sri.V.J.Joseph, the learned counsel for the appellant and those of Sri.Rasheed C. Nooranad, the counsel for the respondent/claimant. We have heard Smt.P.N.Sumangala, the learned Government Pleader also. We have made a re-appraisal of the evidence and we are of the view that the re-fixation of the land value at Rs.10,000/- per Are is slightly excessive. On a better assessment of the market value based on evidence available on record, the market value can be L. A. A. No.56 of 2005 -2- re-fixed at Rs.9,000/- per Are. Accordingly, by setting aside the judgment and decree under appeal, we re-fix the market value of the land under acquisition at Rs.9,000/- per Are. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is needless to mention that for the total enhanced compensation to which the respondent/ claimant becomes eligible by virtue of this re-fixation, he will be entitled for all statutory benefits. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-