IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 LA.App..No. 505 of 2011() ------------------------- LAR.356/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- ELIZABETH KORA, S/O. M.A.KORA, MUNDUKOTTACKAL HOUSE, T.C.9/884, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): RESPONDENT ------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695 005. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 003. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R2 GOVERNMENT PLEADER SRI.V.T.K.MOHANAN (R1) THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 505 OF 2011 ------------------------ Dated this the 6th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, the learned senior Government Pleader Sri.V.T.K.Mohanan has taken notice for the respondents. 2. The claimant is in appeal. The case pertains to acquisition of land in Sasthamangalam Village for the purpose of widening of road from Students Centre-LMS to Vellayambalam - Sasthamangalam by TRIDA. The Land Acquisition Officer awarded land value at the rate of Rs.3,37,155/- per Are. The Reference Court on evaluating the evidence adduced by the parties, refixed the land value at Rs.4,38,302/- per Are. 3. In this appeal the appellant claims refixation of land value at the rate of Rs.20,00,000/- per Are. Drawing our attention to the judgment of this court in L.A.A. No.1158/2009, it was submitted by the learned counsel for the appellant that under that judgment value of identical land acquired for the same purpose pursuant to the same notification has been refixed at LAA.No.505/2011 2 Rs.18 Lakhs per Are. The Government Pleader however is not in favour of our deciding this appeal finally. He submitted that the mater may be remanded back to the Reference Court giving opportunity to both sides to adduce further evidence. We are therefore inclined to remit the matter back to the Reference Court. 4. The Judgment and decree under appeal are set aside and L.A.R. No.356/2008 is remanded to the IInd Additional Subordinate Judge's Court, Thiruvananthapauram for fresh decision. It is open to the appellant to adduce further evidence including the judgment of this court in L.A.A. No.1158/2009. If further evidence is adduced by the appellant/claimant, it is open to the Government and the requisitioning authority to adduce counter evidence. The learned Subordinate Judge will pass revised judgment on the basis of the entirety of the evidence which comes on record. The parties will enter appearance before the Reference Court on 30/9/2011. The learned Subordinate Judge will give notice to the District Government Pleader concerned regarding the posting of the appeal. As we noticed laches on the part of LAA.No.505/2011 3 the appellant in the matter of producing proper evidence before the Reference Court, there will be a direction that if under the revised award the appellant becomes entitled to more than what is awarded to her under the impugned award, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Act during the period from 28/9/2010 till the date of the revised award. The Registry will refund the court fee remitted on the appeal memorandum (what is presently remitted is only one third) to the counsel for the appellant. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk