IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 LA.App..No. 391 of 2011() ----------------------------------- LAR.84/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO. 1 IN LAR. ---------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM BY ADVOCATE GENERAL BY SR. GOVT. PLEADER SRI.C.R.SHYAM KUMAR RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 ------------------------------------------ 1. SREEKALA B.S., SARADA BHAVAN, T.C. 15/1641, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 001. 2. NAZEER.K.P., 3/172(2), NAZVILA, MUKKOLAKKAL P.O., PATIRAPALLI, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695044. 3. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM - 695 022. R1 & R2 BY ADV. SRI.G.S.REGHUNATH SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNS FOR R3 SRI.K.M.ABDUL MAJEED FOR R3 R3 BY ADV. SRI.P.PARAMESWARAN NAIR, ASST. S.G. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.391 OF 2011 ................................................................... Dated this the 21st day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The Government is in appeal. The property was in Peroorkada village and the acquisition was for setting up of expansion programme of composite group & IISU of ISRO pursuant to Section 4(1) notification published on 22.4.2004. The Land Acquisition Officer included the property in category D and awarded land value at the rate of Rs.25,858/- per Are. The reference court under the impugned judgment relying on a post notification document – Ext.A1 refixed the land value at Rs.5 lacks per Are. 2. Sri. Shyam Kumar, learned Senior Government Pleader draws our attention to a judgment of this Court in LAA.No.1138/2010 and he submitted that under that judgment, the value of the property in category D has been finally refixed by this Court at Rs.2,91,420/- per Are. The senior Government Pleader requested that the appeal be allowed and the market value of the land under acquisition L.A.A.NO.391 OF 2011 : 2 : be refixed at Rs.2,91420/- per Are. 3. The learned counsel for the claimants submitted that this is a case where the claimants had disputed the correctness of inclusion of the property in category D. 4. On going through the impugned judgment, it appears that though not in so many words, the appellant had raised a plea that the property should have been included in a superior category. In these circumstances, we are not inclined to decide the issue finally. We disapprove the action of the learned Subordinate Judge in having relied on a post notification document. We set aside the judgment under appeal and remand LAR.No.84/2007 to the Second Additional Sub Court, Trivandrum. The learned Judge is directed to refix the market value keep in mind the rates fixed by this Court in LAA.Nos.411/10,355/10,1138/10 and 1140/10 for various categories of properties acquired under the project, The correct category in which the appellant’s property should be included will also be decided by the learned Sub Judge on the basis of cogent evidence in the form of commission report also to be adduced by the L.A.A.NO.391 OF 2011 : 3 : claimants before the reference court. Parties will enter appearance before the reference court on 9.12.2011. The learned Sub Judge will complete the enquiry and pass a revised award before the court closes for midsummer vacation. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl