IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 LA.App..No. 1253 of 2005() -------------------------- LAR.87/2001 of SUB COURT, KASARAGOD .................... APPELLANT: RESPONDENT. ---------------------- THE SPECIAL TAHSILDAR (LAND ACQUISITION) RAILWAY, KASARGOD. BY GOVERNMENT PLEADER SHRI K.V.MANOJ KUMAR RESPONDENTS: CLAIMANTS & RESPONDENT NO.2. ----------------------------------------- 1. ABOOBACKER M., S/O. MOIDEENKUTTY, ORAVANGGARA HOUSE, KALANAD P.O., KASARGODU TALUK. 2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAYS, KANNUR. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR ADV. SRI.IMTHIYAZ AHAMED THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008,ALONG WITH LAA.1500/05 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN- UL-RASHID,JJ. -------------------------------------------------------- L.A.A.NOs.1253/05, 1500/05, 1501/05, 1502/05, 1503/05, 1504/05, 1505/05, 1506/05 & 1541/05 -------------------------------------- DATED THIS THE 25th DAY OF JANUARY, 2008 J U D G M E N T HARUN- UL-RASHID, J. All the above appeals are filed by the State of Kerala challenging the decrees and common judgments in L.A.R.Nos.32/01, 59/01, 62/01, 64/01, 65/01, 69/01, 71/01, 78/01. L.A.R.NO.87/01 is also a connected case but the same was disposed of by a separate judgment. All these cases relates to the same notification and for the same purpose. We have considered all these cases together . The property situated in Kalnadu Village has been acquired for the purpose of doubling of Railway track from Kasargod to Thrikkarippur. The last date of publication of section 4(1) notification was on 19.7.1999. The Land Acquisition Officer awarded land value @ Rs.1,739/- per cent which was enhanced to Rs.15,000/= per cent by the reference court. In L.A.R.No.87/01, the land value of Rs.1,750/- awarded by the Land Acquisition Officer was enhanced by the reference court to Rs.10,000/- per cent. Being aggrieved by the refixation of land value, the State of Kerala has filed the above said appeals challenging the quantum of compensation. LAA.NOs.1253,1500,1501,1502, 1503, 1504, 1505,1506&1541/05 2 2. The learned Government Pleader submitted before us that Exhibit A1 judgment relates to a property which was acquired under a different notification for a different purpose, that Exhibit A2 sale deed was rejected by the reference court for valid reasons stated in paragraph 19 of the judgment. In such circumstances, there is no materials on record in support of the claim for enhanced land value and therefore the court below was not justified in refixing the land value at Rs.15,000/= per cent as against Rs.1,739/- fixed by the Land Acquisition Officer and Rs.10,000/= per cent as against Rs.1,750/= in L.A.R.No.87/01. 3. We have also noticed the fact that Exhibit A2 document was rejected for valid reasons. Exhibit A1 judgment relates to properties acquired for a different purpose during a different period of time. Therefore, there is no basis for the reference court to fix the land value @ Rs.15,000/= per cent. Exhibit X1 commission report is dt.4.1.2003. The inspection was made after approximately 3 ½ years later. In such circumstances, placing reliance on Exhibit X1 report for the purpose of concluding that the property is having potentiality and other plus features did not stand to reason. Available evidence would not support the claim of the claimants for enhanced land value. For LAA.NOs.1253,1500,1501,1502, 1503, 1504, 1505,1506&1541/05 3 the reasons stated above we have no doubt that the impugned judgment cannot stand and the fixation of land value by the reference court is not fair and reasonable. In the interest of justice we are of the view that the respondent/claimant shall be given an opportunity to adduce evidence in support of the claim for enhancement of compensation, having regard to the importance of the property and its proximity to Kasargod Municipality and for other plus features noted by the Commissioner as well. In the result, the appeals are allowed. All the cases are remanded to the court below for de novo consideration. The parties are at liberty to adduce fresh evidence, if any. The court below shall dispose of the matter within a period of six months from the date of receipt of a copy of this judgment. There will be no order as to costs. KURIAN JOSEPH, JUDGE. HARUN- UL-RASHID,JUDGE. dsn