IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 LA.App..No. 1226 of 2010(B) -------------------------------- LAR.402/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ----------------------------- SASIDHARAN PILLAI,S/O.JANARDHANA KURUP, NANDANAM,SURYA NAGAR,PALLILAMKARA,H.M.T.COLONY PO, REP. BY HIS P/A.HOLDER RADHAMANY,W/O.SASIDHARAN PILLAI,R/AT.ASWATHY,PANDALAM PO,PUZHIKAD MURI, PANDALAM VILLAGE,FROM RADHAVILASAM,VETTIYOOR PO, MAVELIKKARA,ALAPPUZHA. BY ADV. SRI.K.S.BABU SRI.VIPIN VISWAN SMT.N.SUDHA RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR.-683109 2. THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, COCHIN-09. ADV. SRI.E.K.NANDAKUMAR FOR R2 SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR SRI.A.K.JAYASANKAR NAMBIAR FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.1226 of 2010 ------------------------------------------------ Dated this the 29th day of November, 2011 JUDGMENT Pius C. Kuriakose, J This appeal is preferred by the claimant whose property in Thrikkakara north village was acquired pursuant to Section 4(1) notification published on 28/12/06 for the construction of fly over to ICTT, Vallarpadam. The Land Acquisition Officer awarded land value at the rate of ` 4,22,222/- per Are. The Reference Court would re-fix the land value under the impugned award at ` 4,81,481/- per Are. Smt.N.Sudha, the learned counsel for the appellant drew our attention to judgment of this Court in L.A.A.1244/10, a copy of the above judgment was placed before us. We are of the view that for the reasons stated in that judgment, the impugned judgment and decree are liable to be interfered with. We set aside the judgment and decree under appeal and remand LAR.402/08 to the 3rd Additional Sub Court, L. A. A. No.1226 of 2010 -2- Ernakulam. The learned Sub Judge is directed to pass a revised award giving opportunity to all parties including the NHAI to adduce further evidence. Parties will enter appearance before the Reference Court on 20th December, 2011. Revised award will be passed on the basis of the evidence already on record and the evidence which is adduced by the parties further. We are not inclined to order re-fund of the full court fee. Registry will refund only 90% of the court fee remitted by the appellant on the appeal memo. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE L. A. A. No.1226 of 2010 -3-