IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH OCTOBER 2007 / 26TH ASWINA 1929 LA.App.No. 195 of 2003(C) -------------------------------- LAR.546/1997 of ADDL.SUB COURT, NORTH PARAVUR .................... APPELLANT/RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN RESPONDENT/CLAIMANT: ----------------------- G. GOMATHY, W/O. BHARATHAN, MUTHAPPANTHARA VEEDU, KALADY. BY ADV. SRI.A.BALAGOPALAN SRI.K.C.CHARLES SRI.PRAKASH P.GEORGE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/10/2007, ALONG WITH L.A.A 560/04 AND CO. 143/04, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------- L.A.A. NO. 195 OF 2003 & L.A.A. NO. 560 OF 2004 & CROSS OBJECTION 143 OF 2004 --------------------------------------------- Dated this the 18th day of October, 2007. J U D G M E N T Harun-Ul-Rashid, J. These appeals are filed against the judgment and decree in L.A.R. No. 546/1997 on the file of the Additional Sub Court, North Paravur. 2. The extent of land acquired is 10.20 Ares. Acquisition is for the construction of Sree Sankara Sanskrit University, Kalady. The Land Acquisition Officer fixed the land value at the rate of Rs. 8,105/- per Are for 8.03 Ares and for the balance 2.17 Ares, Rs. 13509/- per Are. 3. On 08.11.2000, the court below passed the first judgment in which 100% enhancement of land value was given as against the value fixed by the Land Acquisition Officer. The Sanskrit University filed an appeal as L.A.A. No. 497/2002. The said appeal along with the connected appeals were disposed of by L.A.A. 195/03 & 560/04&C.O. 143/04 2 a common judgment of this Court dated 13.02.2003. By the said judgment the matter was not decided on merits, but directed the reference court to consider the matter afresh on merits in the light of the fact that the University was not a party before the reference court. 4. The court below relied on Exhibit A12 judgment for the purpose of fixing the land value in this case. The court found that the acquired land is more valuable and important than the land involved in Exhibit A12 judgment and held that even though the claimant is entitled to get more than the enhancement given in Exhibit A12 judgment, limited the enhancement at the rate of 50%. The reasons stated for granting less value than Exhibit A12 land value are not justifiable for any reasons. Moreover the appeal against Exhibit A12 judgment and other connected cases are considered by us today and we have remanded the matter for fresh consideration in L.A.A. No. 1034/2005 and other connected cases. 5. In view of the fact that the land value fixed in Exhibit A12 judgment is set aside and is under consideration before the court below, we are of the view that these cases also L.A.A. 195/03 & 560/04&C.O. 143/04 3 have to be reconsidered by the court below along with the properties involved in Exhibit A12 judgment. Therefore, the judgment under appeal is set aside and the matters are remanded to the reference court for fresh consideration. We allow refund of court fee paid on the memorandum of appeal (L.A.A. 560/2004) and cross objection. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. 195/03 & 560/04&C.O. 143/04 4 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. NO. 195 OF 2003 & L.A.A. NO. 560 OF 2004 & CROSS OBJECTION 143 OF 2004 J U D G M E N T 18.10.2007