IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 LA.App..No.735 of 2009 ---------------------------- LAR.299/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT NO.1: ------------------------------------------ STATE OF KERALA, REP BY THE DISTRICT COLLECTOR, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S)/CLAIMANT & RESPONDENT NO.2: ------------------------------------------------------------ 1. SOBHA, TC 16/790, NIRMAL BHAVAN, JAGATHY TRIVANDRUM. 2. VINOD, TC 15/1843, GEETHA BHAVAN THYCAUD, TRIVANDRUM. 3. SMITHA HOUSE NO. 254, VELIVADAKKATHIL PATTATHANAM NAGAR, VADAKKEVILA VILLAGE, KOLLAM. 4. VIMAL KUMAR, TC 15/1843, GEETHA BHAVAN THYCAUD, TRIVANDRUM. 5. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARKS, KAZHAKUTTOM, TRIVANDRUM. ADV. SMT.M.HEMALATHA (CAVEATOR) FOR R1 TO 4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.735 of 2009 ------------------------------------------------ Dated this the 9th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the state and the claimants have lodged a caveat. We have heard the learned Government Pleader Smt.Latha T. Thankappan for the appellant and Smt.M.Hemalatha, the learned counsel for the claimants. 2. This appeal pertains to acquisition of land in Attipra village in Thiruvananthapuram thaluk for the purpose of Techno Park. The relevant Section 4(1) notification was published on 17/12/03. The Land Acquisition Officer awarded a land value of Rs.17,967/- per Are. The Reference Court under the impugned judgment has enhanced the same to L. A. A. No.735 of 2009 -2- Rs.1,25,280/- per Are. Our attention is drawn by the learned Government Pleader to the judgment of Division Bench of this Court in L.A.A Nos.1332, 1955, 2478 of 2008 and L.A.A. Nos.13, 88, 44 and 68 of 2009 dt.08/04/09. Those LAAs were in respect of the same acquisition. By judgment in those appeals, this Court set aside the judgments and decrees of the Reference Court and remanded the L.A.R cases to the Reference Court giving opportunity to both sides to adduce further evidence and also to properly prove the documents which were produced by the claimants. 3. For all the reasons stated in the common judgment in L.A.A.1332/08 series, the impugned judgment is also liable to be set aside. Accordingly, we set aside the same and remand L.A.R.299/06 to the II Additional Sub Court, Thiruvananthapuram. The L. A. A. No.735 of 2009 -3- claimant/respondent will place a copy of the common judgment in LAA.1332/08 series also. The revised judgment as directed above shall be passed by the learned Sub Judge at his earliest. 4. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-