IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 LA.App..No. 678 of 2009(D) -------------------------- LAR.84/2001 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP.BY R.D.O., MUVATTUPUZHA. BY ADDL.ADVOCATE GENERAL SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- 1. O.J.KURUVILLA, OLIYAPPURATH, KOTHAMANGALAM KARA. * ADDL.R2 BHARAT SNACHAR NIGAM LIMTED, REPRESENTED BY PRINCIPAL GENERAL MANAGER, BSNL, ERNAKULAM (IMPLEADED AS ADDL.R2 VIDE ORDER DT 24.11.09 IN IA.3126/09) ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR ADDL.R2 SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 678 of 2009 D ``````````````````````````````````````````````````````` Dated this the 25th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The government is in appeal and the requisitioning authority has been impleaded on an application submitted by them. We have heard the learned senior Government Pleader for the appellant, Sri.Mathews K.Philip, learned standing counsel for the requisitioning authority and Sri.K.K.Chandran Pillai for the claimants. We do not propose to go into the merits of the grounds raised regarding the correctness of the market value of the acquired land. As pointed out by the learned standing counsel for the requisitioning authority, the requisitioning authority was not a party before the reference court. Having regard to the judgment of this Court in Steel Authority of India Ltd. Vs. State of Kerala [1995 (2) KLT 683] and many other judgments of the Apex court, it is necessary that the requisitioning authority should be afforded an opportunity to participate in the trial, before the market value is refixed by the reference court. We, therefore, set aside the LAA.678/09 : 2 : judgment and decree under appeal and remand the LAR to the Sub Court, Muvattupuzha. That court is directed to implead the requisitioning authority, if that authority files an application for impleadment, within one month of the date fixed for appearance of parties and to take a fresh decision in the case, after affording an opportunity to all parties, including the requisitioning authority to adduce whatever evidence they want to and will pass revised judgment, within three months of receiving a copy of this judgment. The parties will enter appearance on 09-12-2009 before the Sub Court, Muvattupuzha. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks