IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 LA.App..No. 274 of 2007() ------------------------- LAR.68/1996 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR RESPONDENTS: CLAIMANTS ---------------------- 1. RAJAMMA, D/O GOURI, THUNDILKATTIL VEEDU, MANGAD. 2. LEELAMMA, THUNDILKATTIL VEEDU, MANGAD. 3. AMBUJAKSHAN, S/O VELAYUDHAN, THUNDILKATTIL VEEDU, MANGAD. 4. LALITHAMMA, D/O GOURI, THUNDILKATTIL VEEDU, MANGAD. 5. SANTHAMMA, D/O GOURI, THUNDILKATTIL VEEDU, MANGAD. 6. RADHAMANI, D/O GOURI, THUNDILKATTIL VEEDU, MANGAD. 7. SALIM KUMAR, S/O VELAYUDHAN, THUNDILKATTIL VEEDU, MANGAD. BY ADV. SRI.ANCHAL C.VIJAYAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.274 of 2007 ----------------------------------------- Dated this the 11th day of January, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed against the judgment and decree in L.A.R.No.68/1996 on the file of the Sub Court, Kollam. The acquisition is for the purpose of formation of National Highway by-pass. The Land Acquisition Officer fixed land value at Rs.10,020/- per Are. The reference court has fixed land value at Rs.22,450/- per Are. Apart from the interested testimony of the claimant there is no other evidence. The respondent also has not adduced any evidence. On going through the judgment we find that the fixation made by the reference court is without any basis. There is only a reference to the effect that the property is situated near to important institutions. But that is also a fact noted by the Land Acquisition Officer as well. What is the basis for fixation is not clear. Therefore, the matter requires fresh consideration by the reference court. We set aside the judgment and decree and remit the matter to the reference court. The L.A.A. NO.274/2007 -:2:- parties shall appear before the reference court on 11-2-2008. The reference shall be answered before 11-4-2008. It will be open to both sides to adduce evidence. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.274 of 2007 ---------------------------- JUDGMENT 11th January, 2008