IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 56 of 2005(D)
1. THE NATIONAL THERMAL POWER CORPORATION
... Petitioner
Vs
1. SUKUMARAN NAIR, MADATHIL VEETTIL
... Respondent
2. STATE OF KERALA, REPRESENTED BY CHIEF
For Petitioner :SRI.V.J.JOSEPH
For Respondent :SRI.RASHEED C.NOORANAD
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :17/08/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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L. A. A. No.56 of 2005
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Dated this the 17th day of August, 2009
JUDGMENT
Pius C. Kuriakose, J
This is an appeal by the Requisitioning Authority.
We have heard the submissions of Sri.V.J.Joseph, the
learned counsel for the appellant and those of
Sri.Rasheed C. Nooranad, the counsel for the
respondent/claimant. We have heard
Smt.P.N.Sumangala, the learned Government Pleader
also. We have made a re-appraisal of the evidence and
we are of the view that the re-fixation of the land
value at Rs.10,000/- per Are is slightly excessive. On a
better assessment of the market value based on
evidence available on record, the market value can be
L. A. A. No.56 of 2005 -2-
re-fixed at Rs.9,000/- per Are. Accordingly, by setting
aside the judgment and decree under appeal, we re-fix
the market value of the land under acquisition at
Rs.9,000/- 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 for the total
enhanced compensation to which the respondent/
claimant becomes eligible by virtue of this re-fixation,
he will be entitled for all statutory benefits.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-