IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 LA.App..No. 565 of 2006() ------------------------- LAR.286/1996 of .SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANT: ----------------------- CHETTIYAMKANDI VINODINI, D/O. APPU, ERANHIKKAL P.O., KOZHIKODE. BY ADV. SRI.K.C.CHARLES SRI.A.BALAGOPALAN SRI.K.SANEESH KUMAR RESPONDENT(S): RESPONDENT --------------- SPECIAL TAHSILDAR, L.A. (NH-I), KOZHIKODE. BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008 ALONG WITH LAA.NO.125/07, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - L.A.A.NOs. 565/06 & 125 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November , 2008 JUDGMENT Both these appeals are directed against the judgment of the Subordinate Judge's court, Kozhikode in L.A.R. No. 286/96. The said judgment was a revised judgment passed in response to an order of remand passed by this court in L.A.A. No. 597/01. The acquisition was for the Calicut bye-pass in Elathoor village pursuant to notification published on 05/04/1993 under Section 4(1). The land acquisition officer awarded land value at the rate of Rs. 4600/- per cent as against a claim for Rs. 50,000/- per cent. The reference court in the first instance refixed land value at Rs. 18,000/- per cent. The government preferred an appeal and it was accordingly the matter was remanded. Case of the appellants claimants in L.A.A.No. 565/2000 is that after the remand, the court below did not afford them adequate opportunity for adducing evidence despite directions in this court's judgment and the court posted the case for judgment. On that day, the appellant claimant filed an application along with certified copies of two judgments refixing the L.A.A.NOs. 565/06 & 125 OF 2007 2 land value for similar properties at Rs. 18,000/-. The court below did not allow the application and proceeded to deliver judgment refixing the compensation at Rs. 15,000 only. 2. There is no serious objection from the side of the government's regarding the submission of the appellant in L.A.A.No.565/06 about the filing of the application and dismissal of the application seeking reception of certified copies of two judgments. 3. I do not propose to go into the merits of the matter. I set aside the impugned judgment and remit the matter once again back to the Subordinate Judge's Court, Kozhikode directing that court to receive the documents produced by the petitioners against I.A.No. 3020/05 and 2513/05 to file and permit the claimants to adduce oral evidence for the purpose of proving the relevancy of those documents and to take a fresh decision. Fresh decision as directed above will be taken by the court below within two months of the parties entering appearance before that court in pursuance to this order of remand. It is clarified that under no circumstances, the value of the acquired properties will be refixed above the rate of Rs. 18,000/- per cent. L.A.A.NOs. 565/06 & 125 OF 2007 3 Refund the full court fee paid in L.A.A.No. 565/06 to Adv.K.C.Charles, counsel for the appellant. PIUS.C.KURIAKOSE JUDGE sv. L.A.A.NOs. 565/06 & 125 OF 2007 4