IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 LA.App..No. 1417 of 2005(D) --------------------------- LAR.131/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT IN LAR ----------------------------------- THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM-REPRESENTED BY ITS CHIEF MANAGER(HR). BY ADV. SRI.V.J.JOSEPH SMT.M.V.LIGI RESPONDENT(S): CLAIMANTS & THE 1ST RESPONDENT IN LAR ----------------------------------------------------- 1. LEKSHMIKUTTY AMMA, CHOORAKKATTU VEEDU, KANJOOR, KOTTAKAKOM, CHEPPAD VILLAGE. 2. UNNIKRISHNAN NAIR, CHOORAKKATTU VEEDU, KANJOOR-KOTTAKKAKOM, CHEPPAD VILLAGE. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, BUILDING, TRIVANDRUM. R3 BY GOVT. PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ LAA. No. 1417 of 2005 ------------------------------------------- Dated this the 17th day of May, 2010 J U D G M E N T Pius C. Kuriakose, J. The National Thermal Power Corporation, the requisitioning authority being aggrieved by the award of the reference court, has preferred this appeal. The property was in Cheppad Village and the acquisition was for the purposes of the appellant's Kayamkulam Project. The relevant Section 4(1) notification was published on 17-6-1996. The property was categorised as wet land and the land acquisition officer awarded land value at the rate of Rs.735/- per Are. The reference court under the impugned judgment re-fixed the land value at Rs.10,000/- per Are. Our attention is drawn by the learned counsel for the appellant to various judgments of this court whereby this court interfering with the judgment of the lower court re- fixed the value of identical lands at Rs.2205/- per Are. We LAA. 1417/05 - 2 - do not find any reason as to why the property which is involved in this appeal should be awarded more than that rate. Accordingly, modifying the impugned judgment and decree we re-fix the value of the land under acquisition at Rs.2205/- per Are. The appeal is allowed as above. Needless to mention that for the total compensation to which the claimants become eligible by virtue of this re-fixation, they will be entitled to all statutory benefits admissible under Section 23 (1A), 23(2) and Section 28 of the Land Acquisition. In the circumstances, the parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-