IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 LA.App..No. 334 of 2008(C) -------------------------------------- [LAR.NO.19/2004 DTD. 27/07/2007 OF SUB COURT, OTTAPPALAM] .................... APPELLANTS/CLAIMANTS: --------------------------------------- 1. HAMSA HAJI, S/O. MUHAMMED @ MANU MUSALIYAR, VARAMANGALATH PUTHENPEEDIKAYIL HOUSE, KARAKKAD. 2. AYISHA, W/O. HAMSA HAJI, VARAMANGALATH PUTHANPEEDIKAYIL HOUSE, KARAKKAD. BY ADVS. SRI.E.R.VENKATESWARAN, SRI.R.SREEHARI. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SPECIAL TAHSILDAR, LAND ACQUISITION (RAILWAYS), TIRUR. 2. THE DEPUTY CHIEF ENGINEER, SOUTHERN RAILWAY, KOZHIKODE. R1 BY GOVERNMENT PLEADER T.T. JOSEPHINA, R2 BY SRI.M.C.CHERIAN, ADV. SMT. ASHA CHERIAN, S.C.,RAILWAYS. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.334 of 2008 ---------------------------------------------------- Dated this the 1st day of July, 2011 Judgment Pius C.Kuriakose, J. The claimants are in appeal. Their properties in Ongallur II village were acquired pursuant to Section 4(1) notification published on 11.9.2001 for the purpose of doubling of the railway line from Shoranur to Pattambi. The L.A.O. treated the properties as wet lands and awarded land value at Rs.824/- per cent. The reference court on considering the evidence adduced by the parties treated a substantial portion of the properties as paramba and balance portion extending to 18.5 cents as reclaimed wet land. Relying mainly on Ext.A5, an award passed by the same court (Sub Court, Ottapalam) in respect of the acquisition for the very same purpose and lying adjacent to the acquired property, the reference court would refix the land value for paramba portion (24 cents) at Rs.10,00,741/- per hectare and the other portion (18.5 cents) at Rs.9,15,332/- per hectare. In this appeal various grounds are raised. The ground mainly raised is that LAA 334/08 2 same reference court while answering Section 18 reference pertaining to Ext.A5 award has refixed the land value at Rs.15,000/- per cent. The appeal memorandum is also got amended on that basis and the present claim is for refixation of land value at Rs.15,000/- per cent. 2. Having considered the submissions addressed before us by the learned counsel for the appellants, learned Standing Counsel for the Railways and the learned Government Pleader, we are of the view that the implications of the court award pertaining to Ext.A5 including the question whether that award has become final ought to be considered by the reference court first. We are therefore inclined to remand the matter back to the reference court. However, we are inclined to impose conditions for securing public interest involved in this case. 3. The result of the above discussion is that the judgment and decree under appeal are set aside and LAR No.19 of 2004 remitted back to the Sub Court, Ottapalam. That court is directed to pass revised award after permitting all parties to adduce whatever further evidence they want to. The observations in the judgment regarding the court award passed in respect of Ext.A5 LAA 334/08 3 will also be taken into account by that court. Revised award will be passed by the court below at its earliest. However, we make it clear that in the revised award to be passed by the reference court, if the appellants become eligible for enhancement over and above what is presently awarded, such enhancement will not carry interest under Section 28 of the Act during the period from 27.7.2007 till this date, i.e. 1.7.2011. So also the Registry will refund only 80% of the court fee remitted on the amended appeal memorandum to the counsel for the appellants. The parties will enter appearance before the reference court on 22.7.2011. The documents produced by the appellants before this court will be returned to the counsel for the appellants. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 334/08 4 LAA 334/08 5