IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 LA.App..No. 685 of 2011() ------------------------- LAR.367/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- SYAMALA DEVI, D/O.JANAKI AMMA, ARAPPURA VEEDU, TC.6/776, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM.695 005. 2. THE SPECIAL TAHSILDAR (LA), PWD (SOUTHERN CIRCLE), THIRUVANANTHAPURAM.695 001. BY GOVT.PLEADER SRI.C.R.SHYAMKUMAR (SR.() THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 8 /12 /2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A NO. 685 OF 2011 ------------------------ Dated this the 8th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is the appellant. Her property in Peroorkada village was acquired pursuant to Section 4 (1) notification published on 28/12/2004 for the purpose of expansion programme of composite group and IISU of ISRO. The property was included in category 'H' and was awarded value at Rs.15,93/- per Are. The Reference Court under the impugned judgment has refixed the land value at the rate of Rs.48,740/- per Are. We notice the judgment of this court in L.A.A. No.274/2011 and find that the market value of identical lands has been refixed by this court at Rs.1,79,542/- per Are. However, there is very stiff opposition from the part of the learned senior Government Pleader to our deciding the issue finally. It is pointed out that the impugned award suffers from the infirmity of non junction of the requsitioning authority. It was therefore L.A.A No. 685 /2011 2 requested that the matter be remanded. 2. Under the above circumstances, we set aside the judgment and decree under appeal and remand L.A.A. No.367/2006 to the IInd Additional Sub Court, Thiruvananthapuram. The learned Sub Judge is directed to implead "the Chief Construction Engineer, Civil Engineering Division, Department of Space, Thiruvananthapuram" as additional respondent in the LAR and to issue notice to the additional respondent. The learned Sub Judge will pass revised award after affording opportunity to the claimant, the Government and the additional respondent for adducing whatever further evidence they want to. Revised award will be passed on the basis of the evidence which is adduced by the parties. However, if under the revised award, the appellant becomes eligible for more compensation than what is presently awarded, such enhanced compensation will not carry interest admissible under Section 28 of the Act during the period from 16/9/2009 till 8/12/2011. The Court fee presently remitted on the appeal memorandum ( one third of the total court fee) will be forfeited by the appellant to the Government. L.A.A No. 685 /2011 3 The appeal will stand allowed by way of remand. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk