IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 LA.App..No. 1264 of 2010 (A) --------------------------------- LAR.64/2003 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT IN LAR -------------------------------------- BIJU, S/O.SUKUMARAN, POOMALIL, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.P.P.THAJUDEEN RESPONDENT(S): RESPONDENTS IN LAR --------------------------------------------- THE SPECIAL TAHSILDAR, LAND ACQUISITION, THODUPUZHA, IDUKKI DISTRICT. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1264 of 2010 ------------------------------------------------ Dated this the 24th day of January, 2011 JUDGMENT Pius C. Kuriakose, J Impugned in this appeal preferred by the claimant who is said to be an Additional Government Pleader at Thodupuzha is the award of the Reference Court confirming the award of the Land Acquisition Officer after dismissing an adjournment application filed by the appellant on the reason that the appellant did not adduce any evidence in support of his claim for enhanced compensation. Smt.T.T.Josephina, the learned Government Pleader is certainly right when she submits that the appellant despite being a lawyer was very lethargic in substantiating his claim by adducing evidence. However, in view of the submission of Sri.P.P.Thajudeen, the learned counsel for the appellant that even the owners of neighbouring properties which were acquired for the same purpose have been awarded much higher land value L. A. A. No.1264 of 2010 -2- by the Reference Court (and by this Court in appeal), we feel that the appellant should be afforded an opportunity to substantiate his claims by imposing proper conditions. The result of the appeal accordingly will be as follows:- The judgment and decree under appeal will stand set aside and LAR.64/03 will stand remanded to the Subordinate Judge's Court Thodupuzha subject to the following conditions:- 1) The appellant shall pay a sum of Rs.5,000/- to the Government through the office of the Advocate General within two weeks from today. 2) The appellant shall pay a sum of Rs.3,000/- to the High Court Legal Services Committee also within the same time limit. In case the appellant becomes eligible for enhanced compensation by virtue of the revised judgment to be passed by the Reference Court, such enhanced compensation will not carry interest under Section 28 of the L. A. Act during the entire period from 05/01/06 till the date of revised judgment to be passed by L. A. A. No.1264 of 2010 -3- the Reference Court. The appellant shall produce receipts against payment of cost ordered as above before the Reference Court. Once the Reference Court notices those receipts, that court will post LAR.64/03 for evidence, enquire into the LAR, give opportunity to both sides to adduce whatever further evidence they want to and pass the revised judgment. The court below will ensure that the appellant is not awarded enhanced compensation at rates higher than what he has claimed in this appeal memo. The court fee remitted on the appeal memo (1/3rd) will not be refunded. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1264 of 2010 -4-