IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 LA.App..No. 403 of 2004() ----------------------------------- LAR.252/2002 of PRL.S.C.,THALASSERY .................... APPELLANT: 1ST CLAIMANT -------------------------------------- THILLERI GOPALAN, S/O.KANARAN, DHAROTH HOUSE, P.O.THIRUVANGOD. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: CLAIMANT 2 & 3 --------------------------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, KANNUR. BY GOVERNMENT PLEADER SHRI BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = L.A.A. NO.403 OF 2004 = = = = = = = = = = = = = = = = = = = Dated this the 13th day of February, 2008 J U D G M E N T -------------------- First claimant in L.A.R. No.252 of 2002 on the file of the Sub Court, Thalassery is the appellant. Appeal is filed challenging that part of the award by which an amount of Rs.6,223/- was directed to be paid to claimant No.2, State of Kerala. 2. Short facts necessary for the disposal of the appeal are as follows: Land in the possession of the appellant was acquired for the formation of Thalassery-Mahe bye-pass. Appellant claimed absolute title and possession over the property and contended that he was entitled to get the entire amount of Rs.49,383/-. Land Acquisition Officer was of the opinion that the appellant was not entitled to get the entire amount and so the matter was referred to the Sub Court, under Section 31(2) of the Land Acquisition Act. Learned Sub Judge found that the appellant was entitled to get only Rs.43,160/- and the balance amount of Rs.6,223/- should be L.A.A. NO.403 OF 2004 -: 2 :- paid to State. Challenging that award, this appeal is filed. The question arising for consideration is whether the finding of the learned Sub Judge that the appellant is not entitled to get the entire compensation is correct. 3. The case put forward by the appellant is that the land originally belonged to Jenmy and he was issued certificate of purchase in the suo moto proceedings in the year 2002. The learned Sub Judge did not rely on that point on the ground that the appellant had no title over the property on the date of acquisition. Sub Judge also held that in view of the provisions contained in Section 27 read with Schedule III thereof of the Act, 1/8th share of the compensation has to be taken as the amount payable to the State as rent. Learned counsel for the appellant submitted that there was a lease deed which fixed the rent payable and appellant was paying rent in accordance with the provisions in the lease deed. It is also argued that Section 27 of the Act can have no application to the facts of this case. But the appellant has not adduced any evidence to prove the actual rent payable. After considering all aspects of the matter, I am of the view that the appellant can be given L.A.A. NO.403 OF 2004 -: 3 :- one more opportunity to adduce evidence to prove the actual rent payable. It is also argued that if the appellant is ordered to pay the amount, that will amount to double payment because he paid land value, etc. That is a matter which the appellant may raise before the Sub Court. For that purpose the case has to be remanded. In the result, the appeal is allowed. That part of the judgment by which the Sub Judge directed to pay Rs.6.223/- to the second claimant is set aside. L.A.R. No.252 of 2002 is remanded to the Sub Court, Thalassery for fresh disposal in accordance with law after giving reasonable opportunity to both sides to amend pleadings and adduce further evidence, if so advised. Parties are directed to appear before the Sub Court, Thalassery on 18.3.2008. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH FEBRUARY, 2008