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. 90 of 2006(B) ------------------------ LAR.142/1999 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.THOMAS IYPE, ANJILIMOOTTIL, 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). GOVT. PLEADER SMT.P.N. SUMANGALA SRI.K.SASIKUMAR FOR R1 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.90 of 2006 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and we have heard the submissions of Sri.Shafik M. Abdul Khadir, the learned counsel for the appellant and those of Sri.K.Sasikumar, the learned counsel for the respondent/claimant. We have heard Smt.P.N.Sumangala, the learned Government Pleader also. The Land Acquisition Officer awarded land value at the rate of Rs.8326/- per Are in respect of dry lands which was enhanced by the Reference Court to Rs.30,000/- per Are. Similarly, for wet lands, the Land Acquisition Officer awarded land value at the rate of L. A. A. No.90 of 2006 -2- Rs.3056/- per Are which was enhanced by the Reference Court to Rs.7500/- per Are. 2. Having considered the rival submissions and having made a re-appraisal of the evidence, we are of the view that the enhancement granted in respect of wet lands is reasonable and need not be interfered with. However, we feel that the enhancement granted in respect of dry lands is excessive. We set aside the judgment and decree under appeal to the extent it pertains to re-fixation of market value of dry lands and re-fix the market value of dry lands at Rs.24,000/- 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 respondent/claimant will be entitled for all statutory L. A. A. No.90 of 2006 -3- benefits on the total enhanced compensation to which he becomes eligible by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-