IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 LA.App..No. 948 of 2009(B) ------------------------------ LAR.181/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPN RESPONDENT(S): CLAIMANT & 2ND RESPONDENT ------------------------------------------------------- 1. KOYILOTH FATHIMA, KUNNAMMAL HOUSE, KEECHERI P.O., MATTANNUR. 2. THE EXECUTIVE ENGINEER, WSP DIVISION, KWA, KANNUR. ADV. SMT.AMBIKA DEVI, SC, KWA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2010, ALONG WITH LAA NO.773 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.948 & 773 of 2009 ------------------------------------------------ Dated this the 10th day of June, 2010 JUDGMENT Pius C. Kuriakose, J Both these appeals pertain to acquisition of land in Kolari village for the purposes of Kerala Water Authority. The acquisition was pursuant to Section 4(1) notification published in 2002. The Land Acquisition Officer awarded land value at Rs.1,931/- per cent. What the Reference Court did was to rely on the judgment in LAR.88/04 and re- fix the market value of the lands at Rs.10,000/- per cent. 2. We have today by another judgment allowed LAA.1107/09 filed by the Government L. A. A. Nos.948 & 773 of 2009 -2- against the judgment in LAR.88/04. In that case we have passed an order of remand. In view of that judgment, we set aside the impugned judgment and remand LAR.393/05 and LAR.181/05 to the Subordinate Judge's Court, Thalassery. That court is directed to take fresh decision after affording opportunity to both sides to adduce fresh evidence. Since the party respondents are to blame for not having produced proper documents for sustaining their claim, it is ordered that during the period from 26/02/08 till the date of the revised judgment to be passed by the Reference Court, the total enhanced compensation to be awarded to them under the revised judgment will not carry interest otherwise admissible under Section 28 of the Land L. A. A. Nos.948 & 773 of 2009 -3- Acquisition Act. The learned Subordinate Judge will expedite matters and pass revised judgment within four months of receiving copy of this judgment. 3. Both the above appeals are thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-