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 27TH JUNE 2011 / 6TH ASHADHA 1933 LA.App..No. 1531 of 2009() -------------------------- LAR.33/2006 of SUB COURT, THIRUVALLA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. SARAMMA THOMAS, W/O. LATE MATHEW THOMAS, PULIMOOTTIL, KALLUNGAL BHAGOM, NADUVILE MURI, NEDUMPRAM VILLAGE. 2. BABU THOMAS, REGIONAL OFFICE, FOOD CORPORATION OF INDIA, MAHARANAPRATHAP NAGAR, BHOPAL, MADHYA PRADESH. 3. SUSAN JOSEPH, 66, GREATER THIRUPATHI NAGAR, NEAR ST.PAULS HIGH SCHOOL, INDORE, MADHYAPRADESH. 4. MONI THOMAS, PULIMOOTTIL, KALLUNGAL BHAGOM, NADUVILE MURI, NEDUMPRAM VILLAGE. 5. SHINY MATHEW, NJAZHICHARIL, THUKALASSERY, THIRUVALLA VILLAGE. BY ADV. SRI.G.UNNIKRISHNAN RESPONDENT: RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA. SR. GOVERNMENT PLEADER SRI. V.T.K.MOHANAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN , JJ. ----------------------------------------------- LAA. No. 1531 of 2009 ----------------------------------------------- Dated this the 27th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. Having gone through the impugned judgment and having considered the submissions addressed before us by Sri.G.Unnikrishnan, learned counsel for the appellant and Sri.V.T.K. Mohanan, learned senior Govt. Pleader for the Government, we feel that there is justification for setting aside the impugned judgment and decree and remitting LAR No. 33 of 2006 back to the reference court by imposing stringent conditions. Hence we set aside the judgment and decree under appeal and remand LAR. No. 33 of 2006 to the Subordinate Judge's Court, Thiruvalla directing the above court to pass a revised award after affording opportunity to both sides to adduce whatever evidence they want to adduce and to re-determine the market value of the lands under acquisition on the basis of the entirety of the evidence which comes on record subject to the following conditions. 1) The registry will refund to the appellant only two-third of total LAA. 1531/09 2 court fee of Rs.1,22,085/- remitted on the appeal memo to the counsel for the appellant. 2) In case under the revised judgment to be passed by the reference court the appellant becomes eligible for enhancement more than what is awarded to him under the impugned judgment such enhancement will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act during the period from 24-6-2009 till 27-6- 2011. The learned Subordinate Judge will expedite the matter and pass revised judgment within four months of the parties entering appearance before that court pursuant to this remand. The reference court is directed to issue notice to the claimants as well as to the Government regarding the first hearing date. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/-