IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 LA.App..No. 463 of 2004() ------------------------- LAR.196/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENT. ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA RESPONDENTS: CLAIMANTS. ----------------------- 1. V.P.ABDUL RAHEEM, BARKOOL HOUSE, P.O.PERINGADI, KANNUR DISTRICT. 2. V.P.ABDUL RASHEED, BARKOOL HOUSE, P.O.PERINGADI, KANNUR DISTRICT. BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2008, ALONG WITH CO NO. 78 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO.463 OF 2004 & CROSS OBJECTION NO.78 OF 2006 ---------------------------------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT Kurian Joseph, J. The State as well as the claimants are aggrieved by the judgment and decree in L.A.R. No.196 of 1999 on the file of the Principal Sub Court, Kozhikode. Acquisition is for the purpose of extending the road from the lorry stand to Arobind Ghosh Road. Section 4(1) notification was published on 9.3.1993. The Land Acquisition Officer awarded land value at Rs.29,650/- per cent which was refixed at Rs.90,000/- per cent by the reference court. According to the State, the enhancement is without any basis and according to the claimants, the enhancement is insufficient and that the acquired property would fetch Rs.2,00,000/- per cent. In the cross- objection, the claimants have limited their claim to Rs.1,30,000/- per cent for the purpose of court fee. 2. It is seen that the reference court relied on Ext.A1 judgment in L.A.R. No.308 of 1997. The State filed appeal against the said judgment L.A.A.NO.463/2004 2 as L.A.A. No.1137 of 2000. This Court set aside the judgment and decree in L.A.R. No.308 of 1997 and remitted the matter to the reference court by judgment dated 11.7.2007. The basis of the reference having been shaken, it is appropriate that the appeal and the cross-objection are remitted to the reference court. In that view of the matter, it is not necessary for this Court to go into the contentions taken by both parties. Accordingly, the judgment and decree in L.A.R. No. 196 of 1999 are set aside and the matter is remitted to the reference court. The parties shall appear before the reference court on 11.2.2008. The reference shall be answered before 11.4.2008. In case the parties propose to adduce any fresh evidence, it will be open to them to do so before 11.2.2008. Since the cross-objection is remitted, the cross-objectors shall be entitled to refund of the court fee. I.A. No.2419 of 2004 is dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.463/2004 3 KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO JUDGMENT 18th JANUARY, 2008