IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 619 of 2005(D)
1. NATIONAL THERMAL POWER CORPORATION LTD.,
... Petitioner
Vs
1. SRI.RADHAKRISHNAN NAIR,
... Respondent
2. SMT. USHA KUMARI, W/O.RADHAKRISHNAN NAIR
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.A.SHAFIK
For Respondent :GOVERNMENT PLEADER
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.619 of 2005
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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.8326/- 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.619 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 becoming eligible for enhancement at more
than 200% of what is awarded by the Land Acquisition
Officer under the revised judgment, 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/-