IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 LA.App..No. 617 of 2008(D) -------------------------- LAR.481/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NH-1, KOZHIKODE. BY GOVERNMENT PLEADER RESPONDENTS: CLAIMANT --------------------- V.KUNHOVI, URALATH HOUSE, CHINGAPURAM, KOZHIKODE, FOR AND ON BEHALF OF THE U.SAVITHRI, URALATH HOUSE, THIKKODY POST, KOZHIKODE. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON SRI.M.MUHAMMED SHAFI SRI.JINU JOSEPH SRI.BIJU MEENATTOOR SRI.J.ABHILASH THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- LAA. No. 617 OF 2008 ----------------------------------------------- Dated this the 10th day of July, 2008 J U D G M E N T This appeal relates to acquisition of 1.51 Ares of land in R.S. No. 39/17 of Elathur Village pursuant to a notification under section 4(1) dated 1-7-1994 for the construction of Calicut Bye-pass. The land acquisition officer fixed land value at the rate of Rs.8000/- per are which was re-fixed by the Reference Court at Rs. 39,520/- per Are. It was relying on Ext.A1 judgment in LAR. No. 341/96 that the Reference Court granted the above enhancement. It is brought to my notice that LAA. No. 750/2000 preferred by the Government against Ext.A1 has been allowed by a Division Bench of this Court by way of remand. The Reference Court passed a common judgment in the present case and in LAR.No. 244/97 and I have already allowed LAA. No. 1279/2000 which was preferred against the judgment in LAR. No. 244/97. For both these reasons this appeal is liable to be allowed and the matter is to be remanded to the Reference Court. Accordingly I set aside the judgment and decree of the Reference Court and remand LAR. No. 481/97 back to the Principal Sub Court, Kozhikode. That Court will decide the case afresh on the basis of evidence already on record and further evidence which may be adduced by the parties. (PIUS C.KURIAKOSE, JUDGE) ksv/- WP(C)N0. -2-