IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 LA.App..No. 329 of 2010() ------------------------- LAR.182/2003 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT. ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI. C.R.SHYAM KUMAR RESPONDENT(S): CLAIMANTS & ALL. RESPONDENT NO.2. ------------------------------------------------ 1. VIMALA DEVI, W/O. LATE S.RAVEENDRAN, AGED 57 YEARS, RAJU BHAVAN, MARANALLOOR, THIRUVANANTHAPURAM. 2. RIJU, S/O. LATE S. RAVEENDRAN, RAJU BHAVAN, MARANALLOOR, THIRUVANANTHAPURAM. 3. RINU, S/O. LATE S.RAVEENDRAN, RAJU BHAVAN, MARANALLOOR, THIRUVANANTHAPURAM. 4. RINI, D/O. LATE S.RAVEENDRAN, RAJU BHAVAN, MARANALLOOR, THIRUVANANTHAPURAM. *5. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. * DELETED AND SUBSTITUTED: THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, P.B.NO.5424, VIKAS BHAVAN P.O., MUSCAT SQUARE, THIRUVANANTHAPURAM -33 5TH RESPONDENT IS DELETED FROM THE ARRAY OF PARTIES AND ADDL.R5 IS SUBSTITUTED AS ABOVE VIDE ORDER DATED 14.7.11. ADV. SRI.G.S.REGHUNATH FOR R1 TO R4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.329 OF 2010 ................................................................... Dated this the 2nd day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The Government is in appeal. The property was in Pettah village of Trivandrum District and the acquisition was for the purpose of New International Airport at Trivandrum. The relevant Section 4(1) notification was published on 4.2.1999. The L.A. Officer awarded land value at the rate of Rs.78,743/- per Are. In the claim statement, the respondents/claimants claimed value at the rate of Rs.3 lakhs per cent. The reference court under the impugned award relying on Ext.A1 has refixed the market value at Rs.15 lakhs per Are. Various grounds have raised by the Government assailing such refixation by the court below. 2. Senior Government Pleader - Sri. C.R. Shyam Kumar submitted that it was totally irregular on the part of the Subordinate Judge to revise the market value at Rs.15 lakhs per Are in the present case where the party claimed only Rs.3 lakhs per Are. He pointed out that in LAA.No.1348/2008 the value of identical lands has been refixed at Rs.1,50,000/- L.A.A.NO.329 OF 2010 : 2 : per Are. 3. The learned counsel for the claimants on the contrary referred to the judgment of this Court in LAA.No.1944/2008 and submitted that this Court may interfere with Ext.A1 and refix the value of the property covered by Ext.A1 at Rs.2,25,000/- per Are. According to him, there is every justification for refixing the value at least at that rate. Having considered the rival submissions addressed at the bar, we are of the view that the question to be considered is whether it is the judgment in LAA.No.1348/2008 or in LAA.No.1944/2008 which is having more probative value for deciding the question in this case. We are not inclined to take a decision ourselves. We set aside the judgment and decree in appeal and remand LAR.No.182/03 to the IInd Additional Sub Judge, Trivandrum. The learned Subordinate Judge is directed to pass a revised award taking into account the judgments in LAA.Nos.1348/2008 and 1944/2088 also. At any rate it should be remembered by the learned Subordinate Judge that the maximum market value which can be refixed is the value refixed in LAA.1944/2008. The L.A.A.NO.329 OF 2010 : 3 : claimants will be entitled for all statutory benefits admissible under Sections 23(2),23(1A) and 28 of the L.A.Act. Parties shall appear before the reference court on 19.12.2011. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl