IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 LA.App..No. 624 of 2009() ------------------------- LAR.24/2004 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S)/RESPONDENT: -------------- STATE OF KERALA. BY GOVT.PLEADER SRI. BASANT BALAJI RESPONDENT(S)/CLAIMANTS: --------------- 1. IQBAL, S/O. MUSTHAFA, POWER OF ATTORNEY HOLDER OF SAFARULLA, PUTHENVILA VEEDU, VARKALA, PALAYAMKUNNU. 2. THE SECRETARY, VARKALA MUNICIPALITY. ADV. SRI.J.S.AJITHKUMAR FOR R5 SRI.R.MANOJ FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 624 OF 2009 ------------------------ Dated this the 21st day of October, 2009 JUDGMENT Pius C.Kuriakose, J. Under challenge in this appeal preferred by the Government is what is described as an exorbitant enhancement granted by the Reference Court under the land acquisition reference case. The case was in respect of acquisition of land in Varkala Village for the purpose of the construction of private bus stand for Varkala Municipality. The relevant Section 4 (1) notification was published on 13/10/1997. The Land Acquisition Officer awarded land value at the rate of Rs.55,983/- per Are. The Reference Court under the impugned judgemnt would enhance the same to Rs.3,08,750/- per Are. It is brought to our notice that the learned Sub Judge granted enhancement relying mainly on a post notification document. Our attention was drawn to the judgments of this court in L.A.A. Nos. 457/2009 and 505/2009. Both these cases pertain to the same acquisition. We notice that LAA.No.624/2009 2 under those judgments, we set aside the judgment impugned therein and remanded the LARs back to the Reference Court for fresh decision giving opportunity to both sides to adduce further evidence. 2. Following the decision this court has taken in L.A.A. Nos.457/2009 & 505/2009, we set aside the judgment and decree impugned in this appeal and remand L.A.R. No.24/2004 to the Subordinate Judge's Court, Attingal. That court will take fresh decision giving opportunity to all the parties including Varkala Municipality to adduce evidence in support of their rival contentions. While taking decision, due regard will be had to the observations of this court in the judgments in L.A.A. No. 457/2009 & 505/2009, copies of which will be furnished to that court by the requisitioning authority–Varkala Municipality. We make it clear that the above order of remand will become operative only if the requisitioning authority facilitates deposit of 25% of the decree debt due as on date within six weeks from today. Once the order of remand becomes operative, the learned Sub Judge will start enquiry and ensure LAA.No.624/2009 3 that the revised judgment will be passed within four months thereafter. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk