IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 699 of 2005()
1. NATIONAL THERMAL POWER CORPORATION LTD
... Petitioner
Vs
1. SMT.RADHAMMA, RAMAVILASAM,
... Respondent
2. STATE OF KERALA-REPRESENTED BY
For Petitioner :SRI.SHAFIK M.ABDULKHADIR
For Respondent :SRI.K.SASIKUMAR
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. 699 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 and this is a case
where the land value was enhanced by the reference court to Rs.12,000/- per
Are. Having regard to the submissions made and having gone through the
impugned judgment and made re-appraisal of the evidence, we are in
agreement with learned counsel for the appellant that the enhancement
granted is slightly excessive. According to us, a better assessment based on
evidence on record, the market value could have been fixed at Rs.6,600/-
per Are.
2. We therefore set aside the judgment and decree and re-fixe the
market value of the land under acquisition at Rs.6,600/- per Are. It is
needless to say that on the total enhanced compensation to which the
claimant will be eligible by virtue of this judgment, the claimant will be
entitled to all statutory benefits admissible in law.
The appeal is allowed as above.
PIUS C.KURIAKOSE, JUDGE.
K.SURENDRA MOHAN, JUDGE.
mn.