IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 LA.App..No. 472 of 2011() ------------------------- LAR.668/2008 of II ADDL.SUB COURT,THIRUVANANTHAPURAM .................... APPELLANT(S): RESPONDENT: ----------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI. C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANT & RESPONDENT NO.2: -------------------------------------------------------------------------------- 1. SHEEBA HARIPRASAD, SECRETARY, HEERA PALACE, RESIDENTS ASSOCIATION, KOWDIAR.P.O., THIRUVANANTHAPURAM-695 003. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 010. R1 BY ADVS. SRI.LAL GEORGE, SMT.M.J.INDUJA. R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.472 OF 2011 ................................................................... Dated this the 21st day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The Government is in appeal. The case pertains to acquisition of land in Kowdiar village for the purpose of widening of a road from Kowdiar to Ambalamukku pursuant to Section 4(1) notification published on 11.6.2007. Under the impugned award reference court has awarded land value at the rate of 33,34,500/- per Are. 2. Sri Shyam Kumar, learned senior Government Pleader submitted that all the awards relied on by the learned Subordinate judge for passing the impugned order have been interfered with by this court and the matters have been remanded to the reference court. The above submission was not disputed by Sri. Sri.Lal George but he submitted that considering the importance of the locality and the judgment pertaining to acquisition of Pattam - Kowdiar road, this rate can be sustained. Having considered the rival submissions addressed at the bar, we are of the view that the impugned award cannot L.A.A.NO.472 OF 2011 : 2 : be sustained. We set aside the judgment and decree under appeal and remand LAR.No.668/2008 to the IInd Additional Sub Court, Trivandrum. The learned Sub Judge is directed to afford opportunity to both sides to adduce whatever further evidence they want to. The revised award will be passed as early as possible, at any rate, within four months from the date when the parties enter appearance pursuant to this judgment. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl