IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 LA.App..No. 822 of 2010() ------------------------------------ LAR.231/1998 OF PRINCIPAL SUB COURT, KOZHIKODE .................... APPELLANT/RESPONDENT ---------------------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (L.A.), KOZHIKODE. BY GOVT. PLEADER MR.C.R. SHYAM KUMAR. RESPONDENT/CLAIMANT -------------------------------------- MANAGING DIRECTOR, TECHNO CHEMICAL INDUSTRIES, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.822 OF 2010 & Cross Objection No.88 of 2011 ................................................................... Dated this the 24th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. This appeal by the Government and the Memorandum of Cross Objection filed by the claimant pertains to acquisition of land in Nagaram village for the purpose of formation of a new road connecting Hussair Road and Town Hall Road in Calicut. The LA Officer awarded land value at the rate of Rs.35,872/- per cent. The reference court in the first instance awarded land value at the rate of Rs.1,60,000/- per cent. The Government carried the matter in appeal to this Court and this Court passed an order of remand. It is pursuant to the above order of remand that the impugned award has been passed by the reference court refixing the land value at Rs.1,60,000/- per cent. In appeal preferred by the Government, it is urged that what is awarded by the reference court is excessive. In the Memorandum of Cross Objection what is contended is that L.A.A.NO.822 OF 2010 & Cross Objection No.88 of 2011 : 2 : the rate fixed by the reference court is inadequate. The cross objector claimed for refixation of the land value at Rs.2,60,000/- per cent. 2. Our attention was drawn by learned senior Government Pleader – Sri. Shyam Kumar to a judgment of this Court in LAA.No.449/2007. It was submitted that this Court has by allowing that LAA remanded the issue of determination of correct compensation for identical properties acquired for the same purpose to the reference court. 3. Sri. A.V.M. Salahudeen - learned counsel for the claimant submitted that the property is more valuable and situated in landmark areas of Kozhikode city. The Government Pleader submitted that successive remands will result in any hardship to the claimant and requested that this Court fixes the land value finally. 4. We enquired of Sri. Salahudeen as to whether the cross objector will be prepared to receive Rs.1,60,000/- per cent as the correct value. The counsel answered in the negative. In the above circumstances, we are of the view that judgment of this Court in LAA.No.449/2007 is to be L.A.A.NO.822 OF 2010 & Cross Objection No.88 of 2011 : 3 : taken into account. We take that into account and the various grounds taken in the memorandum of cross objection. We set aside the judgment and decree under appeal and remand LAR.No.239/1998 to the Sub Court, Kozhikode. It is open to the cross objector to raise all the claims before the reference court. Both sides should be permitted to adduce whatever further evidence they want to. It is open to the parties to rely on judgments of this Court in other cases pertaining to acquisition of land in Kozhikode city. The learned Sub Judge will pass revised award taking into account the evidence already adduced and the evidence which comes to be on record further. Considering the totality of the circumstances attending of this case, we are inclined to order refund of the entire court fee already remitted. Registry will refund only Rs.3,000/- out of the court fee remitted on the Memorandum of Cross Objection. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl