IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 LA.App..No. 537 of 2005(D) -------------------------------- LAR.398/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): 2ND REPONDENT/CLAIMANT ---------------------------------------------------- 1. N.T.SATHIAVATHY, NARAKATH THEKKE PARAPPURATH, P.O.KUTHIRAVATOM, KOZHIKODE. 2. THE PROJECT OFFICER, OEFC, KERALA WATER AUTHORITY, KOZHIKODE. ADV. SMT.T.RESMI DAMODARAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.537 of 2005 ------------------------------------------------ Dated this the 7th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Heard Smt.Latha T. Thankappan, the learned senior Government Pleader and Smt.T.Resmi Damodaran, the learned counsel for the claimant. 2. This appeal by the Government pertains to acquisition of land in Nellicode village for the purpose of Calicut Water Supply Scheme. The relevant section 4(1) notification was published on 08/06/98. The Land Acquisition Officer awarded land value at the rate of Rs.20,895/- per cent. Ext.A1 was the only document produced by the claimant. Ext.A1 was rightly rejected by the learned Subordinate Judge. Barring Ext.A1, there was Ext.X1 Commissioner's Report only. The Commissioner reported that the property was situated L. A. A. No.537 of 2005 -2- in an important locality. The Commissioner recommended that the correct market value of the property is Rs.1,50,000/- per cent. It is trite that when Advocate Commissioners' Reports recommend values for lands under acquisition, unless those recommendations are supported by entries in a sale document and such sale documents are also placed on record, the Land Acquisition Reference Court shall not rely on the recommendation of the Advocate Commissioner. This means that the Commissioner's Report was valid only for holding that the property was situated in an important locality. We are unable to approve the action of the learned Subordinate Judge in granting enhancement by 139% (to Rs.50,000/- per cent) relying solely on the Advocate Commissioner's Report and the learned Subordinate Judge's guess work. L. A. A. No.537 of 2005 -3- 3. In response to a query, Smt.Resmi Damodaran submitted that if opportunity is given, the claimant will be able to produce better documents in support of the claim for enhanced land value. We are inclined to grant opportunity, however, only on conditions since we feel that this remand is necessitated because of the fault of the claimant. 4. The result is that the judgment and decree under appeal are set aside. L.A.R.398/2000 is remanded to the Subordinate Judge's Court, Kozhikode. That court is directed to permit the claimant/respondent to adduce further evidence in support of the claim for enhanced land value. If further evidence is adduced by the claimant, the Government as well as the Requisitioning Authority will also be permitted to adduce counter evidence and the revised judgment will be passed on the basis of L. A. A. No.537 of 2005 -4- the entirety of the evidence which comes on record. It is however, made clear that for the enhanced compensation to which the claimant becomes eligible by virtue of the revised judgment, the claimant will not be entitled for interest otherwise admissible under Section 28 of the Land Acquisition Act during the period from 06/04/04 till the date of the revised judgment. Parties will appear before the court below on 31st October, 2009. 5. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-