IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 LA.App..No. 2286 of 2008() -------------------------- LAR.232/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENTS ------------------------- 1. THE SPECIAL TAHSILDAR, (LA),(PWD),(SC) THIRUVANANTHAPURAM, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD (ROADS), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- A.DONBOSCO, TC 47/252,AMRITHALAYAM, POONTHURA.PO, THIRUVANANTHAPURAM. ADV. SRI.R.MANOJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. ------------------------ L.A.A.A.No.2286 OF 2008 ------------------------ Dated this the 3rd day of February, 2009 JUDGMENT Pius C.Kuriakose, J. Even though the respondents have been served with notice, they have not entered appearance before this court for resisting this appeal. This appeal by the Government pertains to acquisition of land in Survey No.1043/5 in Muttathara Village for the purpose of construction of Moonnattumukku Bridge and its approach road across TS canal. The relevant section 4(1) notification was published on 16/2/2001. The land acquisition officer awarded land value at the rate of Rs.42538/- per Are and towards value of structures , the land acquisition officer awarded total amount of Rs.57,723/-. The reference court, under the impugned judgment, refixed the land value at Rs.1,40,000/- per Are thus granting enhancement of Rs. 94,962/- per Are. That court, relying on a commission report, granted enhancement of Rs.63,216/- towards the value of structures. 2. Our attention was drawn by the learned senior Government Pleader Sri.Basant Balaji to our own judgment in L.A.A..No.2286/2008 2 L.A.A. No.1031/2008 series. It is seen that the said judgment also pertains to acquisition for the very same purpose and pursuant to the very same section 4 (1) notification. We, under the above judgment, have set aside the enhancement in land value granted by the reference court and also enhancement granted to the various parties towards diminution of land value. We did not interfere with the enhancement in structural value in those cases where there were commission reports to support the conclusions of the learned Subordinate Judge. In the present case we find that there is a commission report submitted by the commissioner, who was assisted by the engineers also in the matter of valuing the structures. 3. Following our common judgment in L.A.A. 1031/2008 series dated 13/1/2009 we set aside the impugned judgment except to the extent it awards additional compensation to the claimants towards value of structures and remand the land acquisition reference case to the reference court. The reference court will afford opportunity to both sides to adduce whatever evidence they want to and will pass revised judgment on the basis of the evidence already on record and the additional L.A.A..No.2286/2008 3 evidence which comes to be adduced. While awarding the compensation to the eligible claimants towards the diminution of land value, the reference court will have due regard to the observations we have made in our common judgment in L.A.A. No.1031/2008 series. We clarify, as we have done in the common judgment, that the above order of remand will become operative only if the appellant deposits 50% of the compensation awarded under the impugned decree within three months. Once such deposits are made, the execution court will permit the respondents claimants to withdraw the amount. PIUS.C.KURIAKOSE,JUDGE M.C.HARI RANI, JUDGE dpk