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 18TH JULY 2011 / 27TH ASHADHA 1933 LA.App..No. 360 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CMCP.23/2011 Dated 20/06/2011 LAR.52/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT IN LAR NO.52/07: ------------------------------------------------------------------ THANKAPPAN NAIR, KEEZHATHIL VEEDU, CHITHRA NAGAR, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADVS. SRI.LAL GEORGE, SMT.M.J.INDUJA. RESPONDENT(S): RESPONDENTS IN LAR NO.52/07: ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM- 695 001. 2. CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION DEPARTMENT OF SPACE, THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVERNMENT PLEADER SMT. T.T. JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.360 of 2011 ------------------------------- Dated this the 18th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The claimant is in appeal complaining that the market value redetermined by the reference court is grossly inadequate. The property was in Peroorkada Village and the acquisition was for expansion programme of ISRO, and IISU pursuant to Section 4(1) notification published on 22.4.2004. The appellant's property was included in category B. Sri.Lal George, learned counsel for the appellant drew our attention to judgments of this Court in L.A.A.Nos.411 of 2010, 355 of 2010, 1136 of 2010 and 1140 of 2010, pertaining to acquisition for the same purpose but in respect of lands included in categories A, C, D and E respectively and submitted that there is justification for enhancing the value presently awarded by the reference court. Counsel however submitted that, it will suffice if we pass order of remand, 2 L.A.A.No.360 of 2011 giving liberty to the appellant, for relying on the judgments of this Court and other materials. We feel that the request of the learned counsel can be accepted. Hence we set aside decree and judgment in appeal and remand L.A.R.No.13 of 2007 to the Sub Court, Thiruvananthapuram, for a fresh decision, after affording opportunity to all the parties in the reference for adducing whatever further evidence they want to. As we notice that there was laches on the part of the appellant in the matter of producing evidence and also in the matter of instituting the present appeal, there will be a direction (in modification of the directions already issued in the order dated 10.3.2011 in C.M.A.No.450 of 2011) that, in case the appellant becomes eligible for enhanced compensation over what is presently awarded under the revised award of the reference court, such enhancement will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act during the period from 15.7.2008 till 15.7.2011. The decree section of the reference court will 3 L.A.A.No.360 of 2011 take due note of these conditions while drafting the revised decree. Parties will enter appearance before the reference court on 16.8.2011. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/ “L.A.R.No.13 of 2007” occurring in the 5th line in page 2 of the judgment dated 18/07/2011 in L.A.A.No.360/2011 is corrected and substituted as “L.A.R.No.52/2007”, vide order dated 27/10/2011 in I.A.No.3232/2011 in L.A.A.360/2011. Sd/- Registrar (Judicial)