IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 LA.App..No. 1223 of 2010 (A) --------------------------------- LAR.399/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ----------------------------- A.K.VISWANATHAN,S/O.RAMAN, ATHIRUKUNNATH,PEYOLI ROAD,THRIKKANARVATTOM DESOM, ERNAKULAM. BY ADV. SRI.K.S.BABU SMT.N.SUDHA SRI.VIPIN VISWAN RESPONDENT(S): RESPONDENTS -------------------------------------- 1. STATE OF KERALA,REP.BY THE SPECIAL TAHASILDAR(LA),ICTT,VALLARPADAM,ELOOR 683 109. 2. THE CHAIRMAN,COCHIN PORT TRUST, WILLINGTON ISLAN,COCHIN-9. ADV. SRI.E.K.NANDAKUMAR FOR R2 GOVERNMENT PLEADER SRI.V.T.K.MOHANAN SRI.A.K.JAYASANKAR NAMBIAR FOR R2 SRI.THOMAS ANTONY, SC, NHAI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2011 A/W LAA.1224/10 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.1223, 1224 & 1244 of 2010 ------------------------------------------------ Dated this the 24th day of June, 2011 JUDGMENT Pius C. Kuriakose, J The learned counsel for the Requisitioning Authority draws our attention to our own common judgment in L.A.A. Nos.1233/10 and 1234/10, a copy of that judgment is placed before us. Under that judgment, we set aside the judgments and decrees impugned in those appeals and remanded the LARs for a fresh decision after impleading the National Highway Authority of India as an additional party. For the various reasons stated in that judgment, the judgments which are impugned in these appeals are liable to be interfered with. Hence, we set aside the judgments and decrees in L.A.R Nos.403/08, 399/08 and 400/08 and remand those LARs to the court below. The court below will implead the National Highway Authority of India represented by its Project Director, 2B, Rak Tower, Edappally, Kochi-24 as an L. A. A. No.1223/10 & con. cases -2- additional respondent in the LARs and pass revised awards after affording opportunity to all parties including National Highway Authority of India to adduce further evidence. Revised award will be passed by the Reference Court on the basis of the evidence which comes to be on record at the earliest. Parties will enter appearance before the Reference Court on 15/07/11. As we notice some laches on the part of the claimants in the matter of adducing evidence before the court below, we direct refund of only 90% of the court fee paid on the appeal memoranda. These appeals are thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1223/10 & con. cases -3-