IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 LA.App..No. 1483 of 2005(A) -------------------------- LAR.303/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): RESPONDENTS. -------------------------- THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. GOVT. PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2. ------------------------------------------- 1. CHANDRAMATHY, PUSHPAMANGALAM HOUSE, AYIKKATTUMOOLA MURI, CHINGOLI. 2. PONNAMMA, PUSHPAMANGALAM HOUSE, AYIKKATTUMOOLA MURI, CHINGOLI. 3. RAJASEKHARAN NAIR, PUSHPAMANGALAM HOUSE, AYIKKATTUMOOLA MURI, CHINGOLI. 4. SAILAJA KUMARI, PUSHPAMANGALAM HOUSE, AYIKKATTUMOOLA MURI, CHINGOLI. 5. THE DEPUTY GENERAL MANAGER, N.T.P.C., KAYAMKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1483 of 2005 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Government and the case pertains to acquisition of land for the purposes of NTPC for its project at Kayamkulam. The Land Acquisition Officer awarded a land value of Rs.9365/- per Are for dry lands. The Reference Court under the impugned judgment re-fixed the land value for dry lands at Rs.15,635/- per Are. Similarly, the Land Acquisition Officer, awarded land value at the rate of Rs.2,326/- per Are for wet lands. The Reference Court under the impugned judgment has re-fixed the land value of wet lands at Rs.12,674/- per Are. L. A. A. No.1483 of 2005 -2- 2. Even though notice was served on the respondents they have not entered appearance before this Court. 3. Having gone through the impugned judgment and having heard the submissions of Smt.P.N.Sumangala, the learned Government Pleader and learned counsel for the Requisitioning Authority and having made a survey of the evidence, we are of the view that the enhancement granted by the Reference Court regarding the market value of the wet lands under acquisition was excessive. We set aside the judgment to the extent it pertains to re- determination of the value of wet lands under acquisition and re-fix the value of wet lands at Rs.7,000/- per Are. However, we do not find any warrant for interference with the impugned judgment L. A. A. No.1483 of 2005 -3- to the extent it pertains to re-fixation of market value of dry lands under acquisition. The re-fixation of the value of dry lands will stand approved. The appeal will stand allowed to the above extent only. 4. It is needless to mention that the claimants/respondents will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of the re-fixation under this judgment. 5. The appeal is allowed as above, but in the circumstances, without any order as to costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-