IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 LA.App..No. 650 of 2009() ------------------------- LAR.162/1998 of ADDL.SUB COURT,KOLLAM .................... APPELLANT/RESPONDENT: ------------------------------ STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOLLAM. BY MR. BASANT BALAJI, SENIOR GOVERNMENT PLEADER RESPONDENTS/CLAIMANTS: --------------------------------- 1. MINI, D/o.JANAKI AMMA, VILLUMANGALATH VEEDU, KOTTAKAKOM CHERY, KADAVOOR VILLAGE. 2. GOVINDHAN NAIR, VILLUMANGALATH VEEDU, KOTTAKAKOM CHERY, KADAVOOR VILLAGE. BY MR.C.A.RAJEEV, ADVOCATE FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A.No.650/2009 I.A.No.1846/2009 IN L.A.A.No.650/2009 DISMISSED. Sd/- PIUS C.KURIAKOSE,JUDGE Sd/- C.K.ABDUL REHIM,JUDGE 18/01/2010 TRUE COPY P.A.TO JUDGE PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ ============================== L.A.A.No.650 of 2009 ============================== Dated this the 18th day of January, 2010 JUDGMENT PIUS C.KURIAKOSE,J. Notice which was sent to the respondents by registered post as early as on 24.09.2009 showing the posting date 22.10.2009 is yet to be returned after service. We invoke Rule 51(2) of the High Court Rules and declare that the respondents are served. The respondents have not appeared before this Court for the purpose of resisting this appeal. The appeal pertains to acquisition of land in Thrikkadavur village of Kollam District for the purpose of National Highway Bye-pass as per 4(1) notification dated 15.05.1994. The Land Acquisition Officer awarded land value at the rate of Rs.23,865/- per Are. The reference court enhanced the land value and fixed the land value at the rate of Rs.75,000/- per Are. Absolutely, no contra oral evidence was there. The argument of Senior Government Pleader Mr.Basant Balaji was that it was obligatory on the part of the claimant to have proved Exts.A1 and A2 by examining the parties to those documents. The above submission is not L.A.A.No.650/2009 2 resisted by anybody. We notice that there is no contra evidence to the oral evidence adduced by PW1. Taking these aspects we are inclined to impose only light conditions while interfering with the impugned judgment. The result of the above discussion is as follows: The judgment and decree are set aside. The L.A.R case is remanded to the Additional Sub Court, Kollam. That court is directed to give an opportunity to the respondent for proving Exts.A1 and A2 by examining witnesses who are acquainted with those documents. If the claimant examines any witness the Government will also be given an opportunity by the reference court to cross-examine the witness and to examine further witnesses. The reference court will complete the enquiry and pass revised judgment within four months from the date of receipt of a copy of this judgment. It is made clear that in case under the revised judgment the market value is to be refixed at above Rs.75,000/- per Are then that part of compensation determined above the rate of Rs.75,000/- per Are will not carry L.A.A.No.650/2009 3 interest otherwise admissible under Section 28 of the Land Acquisition Act during the period between the date of the impugned judgment and the date of the revised judgment. The first respondent is recorded as the only legal heir of the second respondent. The Registry will carryout the above correction. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dvs