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 31ST MAY 2011 / 10TH JYAISHTA 1933 LA.App..No. 899 of 2009(D) --------------------------------- LAR.159/1994 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT ---------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVT.PLEADER SMT. LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS ----------------------------------- K.RAMAKRISHNA PILLAI, 'RACHANA' CHOORKKOTTU MURI, AOOR. ADV. SRI.N.VIMALAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/05/2011 ALONG WITH CO NO. 78 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs ORDER ON I.A. NO.2646/2009 IN L.A.A. NO.899/2009 DISMISSED 31/05/2011 SD/- PIUS C. KURIAKOSE, JUDGE SD/- N.K.BALAKRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.899 of 2009 and Cross Objection No.78 of 2010 ---------------------------------------------------- Dated this the 31st day of May, 2011 Judgment Pius C.Kuriakose, J. The Government is in appeal and the claimant has preferred Memorandum of Cross Objections. The property was in Mynagappally village and the acquisition was for the purpose of doubling of railway line. Section 4(1) notification was published on 19.7.1991. The Land Acquisition Officer awarded land value at the rate of Rs.5701/- per Are. The reference court under the impugned judgment relied on Ext.A1 and refixed the land value at Rs.18,000/- per Are. Smt.Latha T. Thankappan, learned Senior Government Pleader would submit before us that Ext.A1 was set aside by this court and refixed the land value at Rs.15,000/- per Are. She therefore requested that in this appeal also the market value of the land be refixed at Rs.15,000/- per Are. Learned counsel for the cross-objector requested that an open remand be passed so that the claimant cross-objector will get an opportunity to adduce better evidence. We feel that the facts and LAA 899/09 2 circumstances attending on this case will justify passage of an order of remand, however, on stringent terms. 2. The result of the above discussion is that the judgment and decree under appeal are set aside and LAR No.159 of 1994 is sent back to the Subordinate Judge's Court, Kollam. The court below is directed to permit both sides to adduce further evidence, if any, and pass a revised judgment subject to the following conditions: 1. The cross-objector will pay a sum of Rs.3000/- to the Government through the office of the Advocate General within three weeks from today and produce the receipt before the Sub Court. 2. In case, under the revised judgment the cross-objector becomes eligible for land value at the rates higher than Rs.15,000/- per Are, such enhanced land value will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act during the period between 11.4.2008 till date (31.5.2011). 3. The Registry will not refund the court fee paid on the memorandum of cross objection to the cross-objector. LAA 899/09 3 3. We find that the acquisition was for the railway and the requisitioning authority, the Southern Railway, was not made a party either by the Land Acquisition Officer or by the reference court. We direct the reference court to implead the Railway, the requisitioning authority as a party in LAR No.159/94 and the railway also be afforded opportunity to adduce evidence in support of their contentions. The above exercise will be completed within six months of the parties entering appearance before that court. The parties will enter appearance before the reference court on 28th June, 2011. The Appeal is allowed as above. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 899/09 4 LAA 899/09 5