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 27TH JUNE 2011 / 6TH ASHADHA 1933 LA.App..No. 1246 of 2009() -------------------------- LAR.414/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT IN LAR NO.414/2006 OF ADDL.SUB COURT EKM --------------------------------------------------------------- M.J.JOEM, AGED 46, S/O.JOSE THOMAS, MOYALAN HOUSE, HILL COTTAGE, R.S.ROAD, OLLUR-680 306. BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENT(S): LAR NO.414/2006 OF SUB COURT, ERNAKULAM. ------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY DISTIRCT COLLECTOR, ERNAKULAM. 2. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, KOCHI-11. BY GOVT.PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/06/2011, ALONG WITH L.A.A. NO.717/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos.1246/2009 & 717/2010 ------------------------ Dated this the 27th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. The Government as well as the claimant are both in appeal. The case pertains to acquisition of land in Ernakulam Village pursuant to Section 4 (1) notification published on 13/10/2004 for widening of S.A. Road. The properties were on the reach from Valanjambalam junction to Pallimukku Junction on M.G.Road. The Land Acquisition Officer awarded land value at the rate of Rs.6,78,975/- per Are. The Reference Court on evaluating the evidence, which consisted of Exts.A1 to A12, R1 to R8, AWs1 to 4 and Exts.C1 to C3 series, refixed the land value at Rs.13,57,950/- per Are. According to the Government, the rate refixed by the Reference Court is excessive and according to the claimant the rate refixed is quite inadequate. 2. Having examined the grounds and having heard the submissions of the learned Government Pleader LAA.Nos.1246 /2009 & 717/2010 2 Sri.V.T.K.Mohanan and Sri.T.K.Radhakrishnan learned counsel for the claimant, we feel that the issue of refixing the correct market value of the land under acquisition requires reconsideration at the hands of the Reference Court. The evidence already on record is to be reappreciated and both sides are to be give liberty for adducing further evidence. 3. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R. No.414/2006 to the IIIrd Additional Subordinate Judge's Court, Ernakulam. That Court is directed to permit both sides to adduce whatever further evidence they want to. That court will take a fresh decision regarding the correct market value of the land at the relevant time on the basis of the evidence already on record and further evidence which comes to be on record. As we notice some laches on the part of the claimant in the matter of adduction of proper evidence, we are not inclined to refund full court fee remitted on the appeal memorandum. The Registry will refund only 50% of the court fee to the learned counsel for the appellant. There will be a further condition that in case the claimant becomes eligible for more compensation than what is LAA.Nos.1246 /2009 & 717/2010 3 awarded under the impugned judgment, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Act during the period from 30/1/2009 till the date of the revised judgment to be passed by the Reference Court. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk