IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 LA.App..No. 723 of 2004() ------------------------- LAR.251/2000 of PRINCIPAL SUB COURT,NORTH PARAVUR .................... APPELLANT: CLAIMANT ------------------- OUSEPH, S/O.MANI, KOTTAKKAL HOUSE, NAYATHODE, ANGAMALY. BY ADV. SRI.C.P.WILSON SMT.ROSE MICHAEL RESPONDENTS: ------------- 1. STATE OF KERALA. 2. KOCHI INTERNATIONAL AIRPORT SOCIETY, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.N.N.SUGUNAPALAN, SC, KIAS LTD. GOVT.PLEADER SMT.LATHA THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2008, ALONG WITH L.A.A.NO.237/2005 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.Nos.723/2004, 237, 391, 646, 677 & 686/2005 ----------------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT Kurian Joseph,J. These are appeals filed by the claimants aggrieved by the fixation of land value by the reference court, Sub Court, North Parur. The acquisition is for Cochin International Air Port. Learned counsel for the Air Port submits that in cases where the reference court granted enhancement at the rate of 65% this court has already remanded by judgment in L.A.A.No.1532/2005 and hence these cases also can be remanded. Learned counsel for the claimants submits that in view of the evidence available on record the court in fact should have granted the value at the rate of Rs.25,000/- per cent. It is further submitted that if in any event this court remits the matters to the reference court opportunity may be given to the claimants also to adduce fresh evidence. 2. Having regard to the rival contentions we are of the view that it is only appropriate that the matters are remitted to the reference court since several cases of similar nature have been remitted. However, we make it clear that these cases need not be tagged with the batch of 65% enhancement. The references under appeal shall be clubbed along with L.A.R.No.181/2000 which has L.A.A.No.723/2004 & connected cases. :- 2 -: already been remanded by judgment dated 5-12-2007 in L.A.A.No.593/2005. 3. We find that in several cases pertaining to the same acquisition covered by the same notification two different Courts at the same place are taking different views and adopting different yardsticks. That is not a healthy trend. Therefore, we direct that all cases pertaining to one acquisition covered by the same notification shall be heard only by one and the same Court. With the above observations we remit the matters to the reference court for fresh consideration. The parties shall appear before the reference court on 17-3-2008. The reference shall be answered within another six months. The parties are free to adduce fresh evidence in the matters. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.Nos.723/2004, 237, 391, 646, 677 & 686/2005 ---------------------------- JUDGMENT 22nd February, 2008