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. 201 of 2005(A) ------------------------- LAR.125/1998 of SUB COURT,MAVELIKKARA .................... APPELLANT(S): APPELLANT/2ND RESPONDENT. --------------------------------------- NATIONAL THERMAL POWER CORPORATION LTD. KAYAMKULAM, REPRESENTED BY ITS CHIEF GENERAL MANAGER (HR). BY ADV. SRI.SHAFIK M.ABDULKHADIR RESPONDENT(S): CLAIMANTS/1ST RESPONDENT. ---------------------------------------- 1. SMT.JAGADMMA, JAGAD NIVAS, EVOOR SOUTH, PATHIYOOR, ALAPPUZHA DISTRICT. 2. STATE OF KERALA - REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA REPRESENTED BY SPECIAL TAHSILDAR (LA) NO.III, S.T.P.S., HARIPAD, (1ST RESPONDENT IN THE LOWER COURT). ADV. SRI.PHILIP M.VARUGHESE FOR R1 SR. 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.201 of 2005 ------------------------------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This appeal is preferred by the Requisitioning Authority. We have heard the submissions of Sri.Shafik M. Abdulkhadir, the learned counsel for the appellant and those of Sri.Philip M. Varughese, the learned counsel for the respondent/claimant. We have heard Smt.Sumangala, the learned Government Pleader also. 2. We are in agreement with the learned counsel for the appellant when he submits that the enhancement granted from Rs.735/- per Are to Rs.12,000/- per Are is excessive. On a re-appraisal of the evidence, we feel that on a better assessment of the market value of the land under acquisition based L. A. A. No.201 of 2005 -2- on available evidence, the market value can be re- fixed at Rs.2205/- per Are i.e. 200% above what is awarded by the Land Acquisition Officer. Therefore, setting aside the judgment and decree under appeal, we re-fix the the value of the property under acquisition at Rs.2205/- per Are. 3. 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 the claimant/respondent will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible by virtue of our re-fixation of the market value under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-