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. 462 of 2006(A) ------------------------------ LAR.151/1999 of SUB COURT, MAVELIKKARA .................... 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. SRI.KOCHUKUNJU DIVAKARAN, MARANKANDATHIL, KOTTAKKAKAM, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, (SPECIAL TAHSILDAR L.A.) NO.III, S.T.P.S. HARIPAD, (IST RESPONDENT IN THE L.A.R). SR. GOVERNMENT 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.462 of 2006 ------------------------------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C. Kuriakose, J Even though the respondents/claimants have been served with notice they have not turned up before this Court to resist this appeal. This is a case where the learned Subordinate Judge has re-fixed the value of dry lands under acquisition at ` 50,000/- per Are and the value of wet lands under acquisition at ` 30,000/- per Are. 2. Having considered the grounds and the submissions addressed at the Bar and having noticed our own judgments in cases pertaining to acquisition of similar lands for the same purpose, we are convinced that the rates fixed by the learned Subordinate Judge is excessive. We allow this appeal and re-fix the market value of the lands under acquisition at ` 25,000/- per Are. Similarly we re-fix the value of wet lands under acquisition at ` 10,600/- per Are. The appeal is L. A. A. No.462 of 2006 -2- allowed to the above extent. The claimants will be entitled for all statutory benefits on the re-fixed compensation. The parties are directed to suffer their respective costs in the appeal. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE