IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 LA.App..No. 985 of 2007() ------------------------- LAR.157/2005 of SUB COURT, PALA .................... APPELLANT: CLAIMANT ------------------- RAMAKAIMAL GOPINATHA KAIMAL, S/O.PARAMESWARAN NAMBOOTHIRI, MULLOOR MANIMALA, BHAVANAM, KALIKAVU, KURAVILANGAD. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008 ALONG WITH LAA NOS.991/07 & 1136/07,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.985, 991 & 1136 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 30th June, 2008 JUDGMENT All these appeals are instituted by the claimants against the common judgment in LAR Nos.157/05, 153/05 &173/05 on the files of the Subordinate Judge's Court, Pala. Even though Mr.Mathew John, learned counsel for the appellants addressed me on all the grounds raised in the appeal memoranda, his submissions in the context of the appellants' claim for compensation on account of the diminution of land value of the unacquired portions of the appellants, i.e., claim for compensation on the ground of injurious affection or severance appealed to me most. Of course, the learned counsel also submitted that if an opportunity is given, the appellants will be able to produce documents relating to the period of notification under Section 4(1) and substantiate their claim for enhancement in land value also. 2. I have heard the learned Government Pleader also. 3. Having considered the rival submissions addressed at the Bar, I am of the view that considerations of justice demands that the appellants are given opportunity to substantiate their plea for compensation on the ground of injurious affection of the remainder extent of the properties since it appears to me that there is some LAA Nos.985/07 Etc. - 2 - genuineness in the grievance of the appellants that the remainder portions of the property have been completely deprived of the frontage of Bajana Madom Temple Road which is said to be a P.W.D.Road. Since the cases are being sent back to the reference court, the reference court should grant opportunity to the appellants to produce further documentary evidence for substantiating claim for better land value also. 4. The result is that the common judgment and the decree in LAR Nos.157/05, 153/05 & 173/05 are set aside and all the three LAR Cases are remanded to the Subordinate Judge's Court, Pala. The parties will appear before the Subordinate Judge's Court, Pala on 4th August, 2008. That court will permit the appellants to adduce evidence oral and documentary for substantiating their claims for enhanced land value and also for compensation for the unacquired portions of their lands on the ground of injurious affection. Further trial will be completed and revised judgment will be passed by the learned Subordinate Judge early and at any rate within three months of the parties entering appearance pursuant to this order of remand. If the Government wants to adduce counter evidence, the Government can adduce counter evidence. LAA Nos.985/07 Etc. - 3 - 5. The appeals are allowed by way of remand. Refund the full court fee paid on the appeal memoranda to the counsel for the appellants. Transmit the L.C.R. forthwith to the Subordinate Judge's Court, Pala. srd PIUS C.KURIAKOSE, JUDGE