IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 LA.App..No. 1357 of 2007() -------------------------- LAR.128/2003 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS/RESPONDENT: ------------------------------------ AHAMMAD KUTTY, S/O. KOCHO, MURINJAKADAVIL, ADIYAMURI, VADAYAR VILLAGE. ADV. SRI.MATHEW PHILIP EDAPPALLIL FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1357 OF 2007 ------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal by the Government and the case pertains to acquisition of land for the construction of Palankadavu Bridge in Chembu – Thalayolaparambu Road in Vadayar village. The land acquisition officer awarded land value at the rate of Rs.16055/- per Are. The land acquisition officer also awarded a further amount of Rs.74,955/- per Are towards value of the building which existed on the land. In reference under Section 18, the court refixed the land value at Rs.39,520/- per Are. The court awarded enhanced compensation towards value of the building at Rs.50000/-. The respondent's claim for injurious affection was also answered by awarding a further amount of Rs.10,000/- as compensation for injurious affection for the unacquired property of the respondent. LAR.No.1357/2007 2 2. Our attention is drawn to the judgment of this court in L.A.A. No.296/2008. Under that judgment, we interfered with refixation of the land value by the reference court and remanded the reference case to the reference court giving opportunity to both sides to adduce further evidence and directing the reference court to refix the land value of the acquired property on the basis of the evidence which comes on record. We are of the view that following the judgment in L.A.A. No.296/2008 refixation of the land value by the reference court has to be interfered with. 3. We set aside the judgment and decree to the extent they pertain to refixation of the market value of the acquired property. However, as regards the award of compensation for the building and towards compensation for injurious affection for the remainder property, we do not find any warrant for interference. Amount awarded by the reference court towards value of the building and towards injurious affection will stand approved. The reference court is directed to take fresh decision in the LAR after affording opportunity to all the parties to adduce further evidence. Revised judgment will be passed by the reference court at the earliest and at any rate within four LAR.No.1357/2007 3 months of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk