IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 227 of 2005()
1. THE CHIEF MANAGER(HR),
... Petitioner
Vs
1. VARGHESE, GRACE COTTAGE
... Respondent
2. ELIAMMA, DO.DO.
3. STATE OF KERALA, REP. BY
For Petitioner :SRI.B.S.KRISHNAN (SR.)
For Respondent :SRI.PHILIP M.VARUGHESE
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :13/07/2009
O R D E R
PIUS C. KURIAKOSE &
P. Q. BARKATH ALI, JJ.
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L. A. A. No.227 of 2005
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Dated this the 13th day of July, 2009
JUDGMENT
Pius C. Kuriakose, J
This is an appeal preferred by the requisitioning
authority, NTPC. Under the impugned judgment, the
Reference Court re-fixed the value of land under
acquisition at Rs.12,000/- per Are relying on the
judgment in L.A.R.109/98 of the same court.
2. We have today allowed L.A.A.54/04 filed by
the NTPC against the judgment and decree in
L.A.R.109/98 and re-fixed the value of the land under
acquisition in that case at Rs.9,000/- per Are.
Necessarily, the impugned judgment has to be
interfered with and the value of the lands under
acquisition has to be reduced and re-fixed at
Rs.9,000/- per Are.
L. A. A. No.227 of 2005 -2-
3. The result is that the appeal stands allowed.
The judgment and decree under appeal are set aside.
The value of the land under acquisition is re-fixed at
Rs.9,000/- per Are. The respondents/claimants will be
entitled for all statutory benefits admissible under
Section 23(2), 23(1A) and under Section 28 of the
Land Acquisition Act on the total enhanced
compensation to which they become eligible by virtue
of the re-fixation of the market value at Rs.9,000/-
per Are.
Appeal allowed, but in the circumstances without
any order as to costs.
PIUS C. KURIAKOSE
JUDGE
P. Q. BARKATH ALI
JUDGE
kns/-