IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 LA.App..No. 253 of 2011(C) ------------------------------- LAR.77/09 OF SUB COURT, PALA APPELLANT(S): CLAIMANT ----------------------------- V.C.VARGHESE, AGED 75 YEARS, S/O.CHACKO, VANNILATHIL HOUSE, PUTHUVELIKARA, VELIYANNOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.C.VALSALAN RESPONDENT(S): RESPONDENT ------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM - 686001. GOVT. PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.253 of 2011 ------------------------------------------------ Dated this the 21st day of June, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His lands with buildings situated in Veliyannur village of Meenachil taluk was acquired for the purpose of upgradation of M.C. Road from Moovatupuzha to Ettumannoor. The acquisition was pursuant to Section 4(1) notification published on 31/01/06. The land was garden lands and the Land Acquisition Officer awarded land value at the rate of ` 15,585/- per Are. For the building, he was awarded a total amount of ` 26,484/- by the Land Acquisition Officer. Before the Reference Court the only item of evidence relied on by the appellant was Ext.A1 fair value order issued by the Government in the year 2010. The court below did not place any reliance on Ext.A1 for the L. A. A. No.253 of 2011 -2- obvious reason that the same is issued long after the publication of the notification under Section 4. The appellant had not taken out a commission for substantiating his claim for additional building value. Nevertheless what the court below did was to do the guess work and re-fix the land value at ` 50,000/- per Are and to re-fix structure compensation at ` 52,000/-. 2. In this appeal grounds are raised alleging that the compensation determined by the Reference Court is inadequate. Sri.C.Vathsalan, the learned counsel for the appellant addressed us in detail. He requested that the matter be remitted back to the Reference Court so that the appellant can examine the Advocate who has submitted a report regarding the properties under acquisition and also the structures which existed thereupon on the basis of an inspection conducted by him. He also submitted that the party has been able to find out documents in respect of L. A. A. No.253 of 2011 -3- comparable property revealing much higher value than what is awarded by the Reference Court. 3. Smt.T.T.Josephina, the learned Government Pleader would oppose the request for remand. According to her, no grounds have been stated by the appellant for justifying order of remand. 4. Having given our anxious consideration to the submissions addressed, we feel that opportunity can be given to the appellant for adducing further evidence imposing conditions which will safeguard the interest of the Government also. Hence, the result of the appeal will be as follows:- 5. The judgment and decree under appeal are set aside and LAR.77/09 is remanded to the Sub Court, Pala for passage of a revised award after permitting both sides to adduce whatever further evidence they are desirous of adducing, subject to the following conditions:- L. A. A. No.253 of 2011 -4- 1) The appellant will forfeit 50% of the total court fee remitted on the appeal memo. This means that the Registry will refund only 50% of the court fee remitted to the appellant's counsel. 2) In case the appellant becomes eligible for compensation over and above what is awarded to him under the impugned award, such additional compensation will not attract interest under Section 28 of the Land Acquisition Act during the period form 08/11/10 till the date of revised award to be passed by the Reference Court. The decree section of the Sub Court will have due regard to this condition while drafting the decree. Parties will enter appearance before the Reference Court on 15/07/11. The Reference Court will pass revised award after completing enquiry early, and at any rate, within four months of the parties entering appearance pursuant to this remand. Registry will re-fund only 50% of the court fee L. A. A. No.253 of 2011 -5- remitted on the appeal memo to Sri.C.Vathsalan, the learned counsel for the appellant. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-