IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 LA.App..No. 1502 of 2007(A) --------------------------------- LAR.72/1999 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): CLAIMANTS/1ST RESPONDENT ------------------------------------------------------ 1. SRI. CHANDRASEKHARAN NAIR, POROOR KUTTIKKATTU, CHINGOLI, ALAPPUZHA DISTRICT. 2. SRI. RADHAKRISHNAN NAIR, POROOR KUTTIKKATTU, CHINGOLI, ALAPPUZHA DISTRICT. 3. SRI. SASIDHARAN NAIR, POROOR KUTTIKKATTU, CHINGOLI, ALAPPUZHA DISTRICT. 4. STATE OF KERALA - REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR, L.A.), NO.III, S.T.P.S. HARIPAD. (1ST PETITIONER IN THE L.A.R.) SR. GOVT. PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.1502 of 2007 ------------------------------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C. Kuriakose, J Having considered the submissions addressed before us by Sri.M.A.Shafik, the learned counsel for the appellant/Requisitioning Authority, we feel that the enhancement granted by the Reference Court in respect of the wet lands under acquisition is excessive. For the wet lands the Land Acquisition Officer awarded land value at the rate of ` 2,039/- per Are. We find that under the impugned award the learned Subordinate Judge has re-fixed the value of such wet lands at ` 20,000/- per Are. According to us, on a correct re-fixation, the value of wet lands for which the Land Acquisition Officer has awarded land value at ` 2,039/- per Are could be re-fixed only at ` 6,117/- per Are. We allow the appeal to the extent it relates to re-fixation of the market value of the wet lands at ` 6,117/- per Are. However, the re- L. A. A. No.1502 of 2007 -2- fixation by the learned Subordinate Judge of the value of dry lands for which the Land Acquisition Officer had awarded value at the rate of ` 7,215/- per Are at ` 20,000/- per Are is approved. The appeal is allowed to the above extent only, however, without any order as to costs. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE