IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 LA.App..No. 906 of 2006() ------------------------- LAR.290/2000 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): IST RESPONDENT ---------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ERNAKULAM. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. PAPPACHAN @ AUGUSTHY, S/O.KOCHUPOULO, POOVELY, NAYATHODE. 2. ROSA, W/O.KOCHUPOULO, POOVELY, NAYATHODE. 3. THRESSAIAMMA, D/O.KOCHUPOULO, DO. DO. 4. VARGHESE, S/O.KOCHUPOULO, DO. DO. 5. ELSY, D/O.KOCHUPOULO, DO. DO. 6. XAVIER, S/O.KOCHUPOULO, DO. DO. 7. JOSEPH, S/O.KOCHUPOULO, DO. DO. 8. CICILY, D/O.KOCHUPOULO, DO. DO. 9. SHEELA, D/O.KOCHUPOULO, DO. DO. 10. SIBI, D/O.KOCHUPOULO, DO. DO. 11. KOCHI INTERNATIONAL AIRPORT SOCIETY, REP. BY ITS MANAGING DIRECTOR. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R11 SMT.T.N.GIRIJA, SC, COCHIN I AIRPORT LT FOR R11 SRI.N.ANILKUMAR FOR R1TO10 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.906 OF 2006 ------------------------ Dated this the 30th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal is directed against the award of the land acquisition reference court granting enhancement to the respondents claimants towards land value at the rate of 45% above the rate awarded by the land acquisition officer and further amount of Rs.4,22,875/- towards value of structures which existed on the property. 2. We have heard the submissions of Sri.Basant Balaji, learned Government Pleader for the appellant, Smt.T.N.Girija, learned Standing Counsel for the requisitioning authority and Sri.N.Anil Kumar, learned counsel for the claimants respondents. 3. The learned Government Pleader as well as the learned Standing Counsel for the requisitioning authority would concede that enhancement of land value at 45% above the value fixed by the land acquisition officer has been approved by this court. They would, however, assail the enhancement granted by the reference court towards value of structures. They argued that it is relying on Ext.A4 commission report that the learned Subordinate Judge has granted enhancement to the claimants. According to them, Ext.A4 was an ex-parte commission report obtained in a suit to which the requisitioning authority was not a party. Without examining the advocate commissioner and the expert, who assisted him, Ext.A4 could not have been relied on. 4. Sri.Anil Kumar, learned counsel for the claimants would submit that this court in a good number of other cases has approved action of the reference court in awarding 70% of the value recommenced by similar commissioners. The learned counsel submitted that same engineers had assisted the commissioners appointed in all those cases. 5. Though Sri.Anil Kumar was persuasive in his submissions, we are unable to approve the action of the learned Subordinate Judge in adopting 70% of the value recommended by the commissioner in Ext.A4. We are of the view that, in the circumstances of this case, Ext.A4 should not have been relied on without examining the commissioner and the engineer concerned. 6. We set aside the judgment and decree under appeal and remand the LAR case to the reference court. The reference court will permit the respondents/claimants to examine the advocate commissioner, who submitted Ext.A4 and the engineer who assisted the commissioner. That court should permit both sides to adduce further evidence/counter evidence. Fresh decision will be taken as to the correct value to be given for the structures which existed on the acquired property. It is clarified that the amount due is to be decided on the basis of the evidence without being unduly influenced by any observation we have made in this judgment regarding Ext.A4. The appeal is remanded as above. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk