IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 LA.App..No. 498 of 2009(D) ------------------------------- LAR.244/2004 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANT/RESPONDENT. ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION,THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): RESPONDENTS/CLAIMANTS. ---------------------------------------------------- 1. DAVID , TC.NO.47/1198, POONTHURA, NEW TC. NO.69/1979,THIRUVANANTHAPURAM. 2. BENCY,TC.NO.47/1198, POONTHURA, NEW TC. NO.69/1979,THIRUVANANTHAPURAM. ADV. SRI.R.MANOJ FOR R1&2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.498 of 2009 ------------------------------------------------ Dated this the 11th day of February, 2010 JUDGMENT Pius C. Kuriakose, J This appeal is preferred by the Government challenging the enhancement of compensation awarded by the Reference Court for the properties which were acquired for the purpose of Munnattumukku Bridge and the approached bridge. The relevant section 4(1) notification was published on 16/02/01. Our attention is drawn by Sri.Basant Balaji, the learned senior Government Pleader to the judgment of this Court in L.A.A.1031/08 series dt.13/01/09. We notice from that judgment that this Court has confirmed the L. A. A. No.498 of 2009 -2- enhancement granted towards value for buildings based on Commissioner's Reports and detailed valuation statements submitted by the experts who assisted the Commissioner. We therefore, are of the view that following the view taken in the common judgment in L.A.A.1131/08 series, the enhancement granted towards value of the buildings can be approved. We do so. 2. Now come to the correctness of the market value of the land determined under the impugned judgment. We find that under the common judgment in L.A.A.1031/08 series, this Court set aside the enhancement and remanded all the Land Acquisition Reference Cases to the Reference Court giving opportunity to both sides to adduce evidence and directing the court to take L. A. A. No.498 of 2009 -3- a fresh decision. We feel that for the reasons stated in the above common judgment, the impugned judgment to the extent it pertains to re- determination of the land value is to be interfered with. Accordingly, we set aside the impugned judgment and decree to the extent they pertain to re-fixation of land value and remand L.A.R.244/04 to the Second Additional Sub Court, Thiruvananthapuram. That court is directed to afford opportunity to both sides to adduce further evidence regarding market value of the land under acquisition. That court will pass revised judgment on the basis of the entirety of evidence which comes on record. The parties are directed to enter appearance before the Reference Court on 22/03/10. That court is directed to pass revised L. A. A. No.498 of 2009 -4- judgment, at the earliest, and at any rate, within four months therefrom. The claimants are directed to produce before the court below a copy of the common judgment in L.A.A. Nos.1031/08 series. 3. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-