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. 303 of 2005() ------------------------- LAR.126/1999 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): 2ND RESPONDENT IN LAR ----------------------------------- THE NATIONAL THERMAL POWER CORPORATION LIMITED, 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. JOHN K.SAMUEL, KUZHIKALA KANNIMEL, EBENOZER HOME, KOTTAKKAKAM, PALLIPPAD. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM. ADV. SRI.PHILIP M.VARUGHESE FOR R1 GOVT.PLEADER SMT.LATHA T.THANKAPPAN 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.303 OF 2005 ------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. The requisitioning authority is in appeal. The Land Acquisition Officer awarded land value at the rate of Rs.735/- per Are. The reference court under the impugned judgment refixed the land value at Rs.9050/- per Are. 2. We have heard the submissions of Sri.V.J.Joseph, learned counsel for the appellant and those of Sri.Philip .M.Varghese, learned counsel for the respondent/claimant and Smt.Latha T.Thankappan, learned senor Government Pleader. 3. Sri.V.J.Joseph submitted that the court below committed the mistake of assuming that the land value, which had been awarded under the award of the Land Acquisition Officer, was Rs.5365.50/- per Are. We find merit in the above submission. A perusal of para 2 of the judgment and a perusal of the award, which is available before us, will show that the land value was awarded by the land acquisition officer only at the rate of Rs.735/- per Are. The evidence before the reference court LAA.No.303/2005 2 consisted of Ext.A1 and A2 and the oral evidence of AW1. 4. Having made reappraisal of the evidence, we are of the view that the market value of the acquired property at the relevant time to be fixed on the basis of that evidence, is Rs.2205/- per Are. Accordingly, we set aside the judgment and decree under appeal and refix the value of the acquired land at Rs.2205/- per Are. 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 will be entitled for all statutory benefits admissible under law on the total enhanced compensation to which he becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk