National Thermal Power … vs Sri. Vasudevan Nair … on 17 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 618 of 2005(D)


1. NATIONAL THERMAL POWER CORPORATION LTD.,
                      ...  Petitioner

                        Vs



1. SRI. VASUDEVAN NAIR RADHAKRISHNAN NAIR,
                       ...       Respondent

2. SMT. USHA KUMARI, W/O. RADHAKRISHNAN

3. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.SHAFIK M.ABDULKHADER

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :17/08/2009

 O R D E R
               PIUS C. KURIAKOSE &
             K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
             L. A. A. No.618 of 2005
    ------------------------------------------------
     Dated this the 17th day of August, 2009

                    JUDGMENT

Pius C. Kuriakose, J

This is an appeal preferred by the Requisitioning

Authority and their grievance is that the Reference

Court has enhanced the land value exorbitantly from

Rs.7972/- per Are to Rs.50,000/- per Are.

2. We have heard the submissions of Sri.Shafik

M. Abdulkhader, the learned counsel for the appellant

and those of Smt.Latha Anand, counsel for the

claimants. We have heard Smt.P.N.Sumangala, the

learned Government Pleader also.

3. Having heard the submissions and having

gone through the impugned judgment, we feel that

the enhancement granted by the Reference Court is

excessive. Accordingly, we set aside the judgment and

decree under appeal and remand the LAR to the

L. A. A. No.618 of 2005 -2-

Subordinate Judge’s Court, Mavelikkara. That court is

directed to afford opportunity to all parties to adduce

evidence, if they want to, and pass the revised

judgment at the earliest. Refund full court fee paid on

the appeal memorandum to Sri.Shafik M.

Abdulkhader, the learned counsel for the appellant.

We clarify that in the event of the respondents/

claimants under the revised judgment becoming

eligible for enhancement at more than 200% of what

is awarded by the Land Acquisition Officer, such

enhancement over 200% will not be eligible for

statutory interest under Section 28 during the period

from 27/03/05 till 17/08/09.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-