IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 LA.App..No. 590 of 2003(B) -------------------------------------- [LAR.NO.41/1997 OF III ADDITIONAL SUB COURT, ERNAKULAM] .................... APPELLANT/CLAIMANT: ----------------------------------- M/S. BHAGYODAYAM COMPANY LTD., CHATHIATH, VADUTHALA. BY ADV. SMT.LILLY LESLIE. RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. T.T. JOSEPHINA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.590 of 2003 ------------------------------- Dated this the 8th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Under challenge in this appeal preferred by the claimant is the award of the Land Acquisition Reference court. The case pertains to acquisition of land in Cheranelloor village for the formation of a new road from Pallikkavu temple towards north. The acquisition was made at the request of the Corporation of Kochi. The notification under Section 3(1) of the Kerala Land Acquisition Act was promulgated on 16.3.1976. The LAO included the property in category-2 dry land bying interior and awarded land value at Rs.1,070/- per are. Before the reference court the claim was for Rs.15,000/- per cent. The claimant relied on Exts.A1, A2 and C1 commissioner's report in support of his claim for enhanced land value. The court below however 2 L.A.A.No.590 of 2003 did not place reliance on any of these documents. Finally it applied 'the rule of thumb' and the court below granted 50% increase and refixed the land value at Rs.1,605/- per are. In this appeal various grounds are raised assailing award of the reference court and Smt.Lilly Lesslie learned counsel for the appellant addressed arguments before us on the basis of those grounds and all the arguments of Smt.Lilly were resisted by learned Government Pleader. According to learned Government Pleader, on the basis of the legal evidence which have come on record, the award of the reference court is sufficient. We are not inclined to decide the issue of the correct market value payable for the acquired properties finally. We notice that the proceedings suffer from a major infirmity. The requisitioning authority, Corporation of Kochi, was not a party to the proceedings before the court below. We are inclined to set aside the judgment and decree and remand L.A.R.Nos.590 of 2003 and 41/1997 to the Third Additional Sub Court, Ernakulam, for impleading the Corporation of Kochi and for passing 3 L.A.A.No.590 of 2003 revised award after holding further enquiry. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R.No.41 of 1997 to the Third Additional Sub Court, Ernakulam. That court is directed to suo moto implead the Corporation of Kochi as additional 2nd respondent in the LAR case. The Corporation of Kochi should be allowed to file a statement refuting the claims of the appellant. The court should afford opportunity to all parties including the claimant/appellant as well as the Corporation to adduce whatever further evidence they want to in the case. Revised award should be passed on the basis of the evidence which comes on record. The parties will enter appearance before the reference court on 3.9.2011. As we notice some negligence on the apart of the appellant in bringing this aspect to the matter of the notice of the reference court (the aspect that the requisitioning authority is not a party), we are inclined to impose two conditions :- 1. The appellant will forfeit the full court fee remitted on the appeal memorandum. 4 L.A.A.No.590 of 2003 2. In case under the revised award to be passed by the reference court pursuant to this judgment, the appellant becomes eligible for enhancement over what is presently awarded by the reference court, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act during the period of 5 years from 31.5.2006 to 31.5.2011. The learned Sub Judge is directed to pass revised award within 4 months of the parties entering appearance pursuant to this remand order. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/