IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 LA.App..No. 204 of 2008() ------------------------- LAR.144/2005 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- THE RECTOR ST.JOSEPH'S MINOR SEMINARY KOTHAMANGALAM. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- STATE OF KERALA REP. BY ADVOCATE GENERAL HIGH COURT OF KERALA, ERNAKULAM. SR GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, ALONG WITH LAA NO. 415 OF 2008 AND LAA NO. 647 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. Nos. 204, 415 and 647 of 2008 ``````````````````````````````````````````````````````` Dated this the 30th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The claimants are in appeal. These three appeals are directed against a common judgment passed by the land acquisition reference court. The acquisition was for the purpose of construction of of Kothamangalam by-pass, pursuant to Section 4 (1) notification published on 07-11-2000. The Land Acquisition Officer awarded land value at the rate of Rs.3,700/- per Are corresponding to Rs.4,898/- per cent. Before the reference court, the evidence on the side of the appellant claimants consisted mainly of Ext.A2 common judgment in LAR Nos.163/95, 154/95 and 191/95 apart from Commissioner’s report Ext.X1 and sketch Ext.X1(a) and the oral evidence of AW1 and AW2. Counter evidence on the side of the respondents consisted of Exts.R1 to R3, copies of the mahazar prepared by the village officer at the time of acquisition of the properties under acquisition. There was LAA.204/08 and connected cases : 2 : no counter oral evidence on the side of the respondents. The reference court did not place reliance of Ext.A2 judgment stating the reason that properties covered by Ext.A2 are in Thrikkariyoor village, while the properties under acquisition are in Kothamangalam village. Our attention is drawn at the very outset itself by Sri.V.M.Kurian, learned counsel for the appellant, to the judgment of this Court in L.A.A.No.300/2008, which was authored by one among us (PCK,J.). The learned counsel submitted that under that judgment, this court set aside the judgment of the reference court under which also the very same Ext.A2 was put in evidence but not was accepted by the reference court on the same reason. A copy of the judgment in L.A.A.No.300/08 is also placed before us by Sri.V.M.Kurian. Sri.V.M.Kurian requested that for the reasons stated in that judgment, the judgments impugned in these appeals are liable to be interfered with and that the reference cases be remanded to the reference court, giving opportunity to both sides to adduce evidence on all the claims. Smt.Latha T.Thankappan, learned senior Government Pleader, would submit LAA.204/08 and connected cases : 3 : that the court below was justified in not relying on Ext.A2. She, however, fairly conceded that in as much as the judgment in L.A.A.No.300/08 has become final, the appellants may be justified in seeking the relief, which was given to the appellants therein. 2. Having considered the rival submissions, we are of the view that for the various reasons stated by this Court in judgment in L.A.A.No.300/08, the impugned judgments are liable to be set aside and the LAR cases remanded to the Sub Court, Muvattupuzha. Accordingly, we set aside the impugned judgments and decrees and remand LAR Nos. 143/05, 144/05 and 159/05 to the Sub Court, Muvattupuzha. That court is directed to permit both sides to adduce evidence in support of the rival contentions. That court is also directed to consider Ext.A2 judgment as one of the relevant items of evidence and to take a fresh decision on the correct compensation to be paid to the appellants for the properties under acquisition. The parties are directed to appear before the reference court on 14-12-2009. The court is directed to complete the enquiry and pass a revised LAA.204/08 and connected cases : 4 : judgment early and at any rate within three months thereafter. Since we notice that the appellants are to a certain extent responsible for the order of remand being passed, we are inclined to order refund of only half of the court fee remitted on the appeal memos to the appellants. It is ordered accordingly. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks