IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 LA.App..No. 657 of 2009() ------------------------- LAR.471/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 ----------------------------------------- 1. R.BALAKRISHNAN, S/O.RAMAN, VALIYAVILAKATHU VEEDU, VAYYAKKALATHU MURI, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOPARK, KARIYAVATTOM, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA(CAVEATOR) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 657 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal pertains to acquisition of land in Attipra village pursuant to Section 4(1) notification published on 17-12-2005 for the purpose of Electronics Technopark. The land acquisition officer awarded land value at the rate of Rs. 15,623/- per Are and the reference court under the impugned judgment enhanced the same to Rs. 1,04,400/- per Are. 2. Heard both sides. Our attention is drawn by the learned Government Pleader Sri.Bijoy Chandran to the common judgment in L.A.A.Nos. 1332, 1955 , 2478 of 2008 & 13, 88, 44, 68 of 2009. It is seen that under that judgment enhancement at the rates granted under the impugned judgment for acquisition of similar properties for the same purpose was set aside by this court and the issue was remanded to the reference court. On the reasons stated in the above common judgment, the judgment impugned herein is also liable to be set aside. Accordingly, allowing the appeal, we set aside the judgment and decree impugned and remand L.A.R.No.471/2005 to the Second Additional LAA.No.657/2009 2 Subordinate Judge's Court, Thiruvananthapuram. That court will post the LAR for evidence and will permit both sides to adduce further evidence. The reference court will conduct further enquiry and pass revised judgment on the basis of the entire evidence on record keeping inter alia in mind the observations of this court in the common judgment. Annex a copy of the judgment in L.A.A.No. 1332/08 series along with this judgment. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.657/2009 2