IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1891 of 2002()
1. THE NATIONAL TERMAL POWER CORPORATION
... Petitioner
Vs
1. J.KAMALAKSHY AMMA, KALATHIL PADITTATHIL,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.V.J.JOSEPH
For Respondent :DR.P.S.KRISHNA PILLAI
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :18/08/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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L. A. A. No.1891 of 2002
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Dated this the 18th day of August, 2009
JUDGMENT
Pius C. Kuriakose, J
This appeal is preferred by the Requisitioning
Authority and they are aggrieved by the re-fixation of
the market value of the lands under acquisition from
Rs.3050/- per Are to Rs.12000/- per Are.
2. Having regard to the submissions of
Sri.V.J.Joseph, the learned counsel for the appellant
and Sri.P.S.Krishna Pillai, the learned counsel for the
claimant/respondent and Sri.P.N.Sumangala, the
learned Government Pleader, having gone through the
impugned judgment and having made a re-appraisal of
the evidence, we are of the view that the
enhancement granted under the impugned judgment
is slightly excessive. On a better assessment of the
L. A. A. No.1891 of 2002 -2-
market value based on same evidence, the market
value of the property under acquisition can be re-fixed
at Rs.9,000/- per Are. We set aside the judgment and
decree under appeal and re-fix the market value of the
lands under acquisition at Rs.9,000/- 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
benefits on the total enhanced compensation to which
she becomes eligible by virtue of the re-fixation under
this judgment.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-