IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 LA.App..No. 555 of 2004() ------------------------- LAR.1/2000 of ADDL.SUB COURT, KOCHI .................... APPELLANT(S): CLAIMANT: ----------------------- RAPHEL, S/O. KITHO, KALATHIL VEETTIL, OCHANTHURUTH. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): STATE AND CLAIMANTS B AND C: ------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) GENERAL, KERALA. 2. EMILY, W/O. AMBROSE, MANAKKIL, OCHANTHURUTH. 3. T.X.JOSEPH, THARAMEL, OCHANTHURUTH. SR. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN FOR R1 SRI.B.GOPAKUMAR FOR R2 & 3 SMT.CHINCY GOPAKUMAR FOR R2 & 3 SRI.ASWIN GOPAKUMAR FOR R2 & 3 SRI.ANWIN GOPAKUMAR FOR R2 & 3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2011, ALONG WITH LAA NO. 1316 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 555 of 2004 & 1316 of 2005 ----------------------------------------------- Dated this the 28th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. The Government and the A-claimant are in appeal. The case pertains to acquisition of land belonging to claimants A to C situated in Puthuvaippu Village for the purposes of Ad hoc Augmentation to Kochi Water Supply Scheme, a scheme of the Kerala Water Authority. While the Government urges in its appeal that the land value re-fixed by the reference court is excessive, the claimant in his appeal says that what is fixed by the reference court is inadequate. 2. Having considered the submissions addressed at the Bar and having noticed that the requisitioning authority Kerala Water Authority was not made a party in the LAR case and was thus not afforded an opportunity to participate in the enquiry, we are of the view that the correctness of LAA.555/04 & 1316/05 -2- the market value fixed need not be examined at this stage. We set aside the impugned judgment and decree to the extent it pertains to the A-claimant (the appellant in LAA. 555/04) and remand LAR No. 1 of 2000 to Sub Court, Kochi. The learned Subordinate Judge is directed to implead the Kerala Water Authority as Addl. Party to the LAR and issue notice to the Kerala Water Authority. The learned Sub Judge will afford opportunity to the A-claimant, the State and the Kerala Water Authority for adducing whatever evidence they want to and take a fresh decision on the market value of the property acquired from the A-claimant. The A-claimant and the State will enter appearance before the reference court on 15-7-2011. The learned Subordinate Judge will ensure compliance with the directions issued at the earliest and at any rate within five months of the parties entering appearance before the court. We make it clear that the impugned judgment and decree to the extent they LAA.555/04 & 1316/05 -3- pertain to the other claimants (Claimants B & C Emily and T.X. John in the LAR) will stand. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-