IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 LA.App..No. 238 of 2009(D) -------------------------- LAR.463/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): -------------- 1. NELLIYODAN NARAYANI, VINOD BHAVAN, P.O.MOORIYAD, KUTHUPARAMBA. 2. NELLIYODAN KARTHIYAYANI, VINOD BHAVAN, P.O.MOORIYAD, KUTHUPARAMBA. 3. NELLIYODAN OORMILA, VINOD BHAVAN, P.O.MOORIYAD, KUTHUPARAMBA. 4. NELLIYOIDAN RAJITHA, VINOD BHAVAN, P.O.MOORIYAD, KUTHUPARAMBA. 5. NELLIYOIDAN AJITHAKUMARI, VINOD BHAVAN, P.O.MOORIYAD, KUTHUPARAMBA. 6. NELLIYOIDAN VINODAN, VINOD BHAVAN, P.O.MOORIYAD, KUTHUPARAMBA. 7. NELLIYOIDAN JYOTHINI, VINOD BHAVAN, P.O.MOORIYAD, KUTHUPARAMBA. 8. NELLIYOIDAN VINAYAN VINOD BHAVAN, P.O.MOORIYAD, KUTHUPARAMBA. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE GENERAL MANAGER, KSIDC, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.K.BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2009 ALONG WITH L.A.A.NO.239,343 & 388 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.272/09 in L.A.A.No. 238/09, C.M.Appln.No.274/09 in L.A.A.No. 239/09, C.M.Appln.No.429/09 in L.A.A.No.343/09, C.M.Appln.510/09 in L.A.A.No.388/09 & L.A.A.NOs. 238, 239, 343 & 388 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. The applications for condonation of delay in all these cases will stand allowed on condition that in the event of the claimants becoming entitled for enhanced compensation under the judgments to be passed by the reference court pursuant to the order of remand which is passed herein, such enhanced compensation will not carry interest at the rates admissible under Section 28 of the Land Acquisition Act during the period covered by the delay condoned by this order. 2. All these are appeals preferred by the claimants against the judgments and decrees of the Land Acquisition Reference Court, Thalassery in reference cases pertaining to acquisition for the widening of a road leading to the KSIDC's Industrial Growth Centre at Valiyavelicham. It is brought to our notice that this court by judgment L.A.A.NO.238/09 & connected cases 2 in KSIDC v. Velayambron Krishnan( 2008(4) KLT 726) interfered with the judgments under which the reference court granted enhancement over the compensation which had been awarded by the land acquisition officer. Remand order has been passed by this court considering the appeals preferred by the requisitioning authority and subsequent appeals preferred by the claimants. 3. When these cases came up for admission, Sri.D.Krishankutty Pillai took notice on behalf of the requisitioning authority and Sri.P.K.Babu, learned senior Government Pleader took notice on behalf of the State. Having considered the submissions addressed at the Bar, we are of the view that following the reasoning adopted by this court in KSIDC v. Velayambron Krishnan( 2008(4) KLT 726) and other appeals wherein reference cases were referred to the land acquisition court, the judgments and decrees under appeal in these cases are also liable to be set aside and the reference cases liable to be remanded to the reference court. We therefore set aside the judgments and decrees under appeal and remand the LAR cases back to the reference court for taking fresh L.A.A.NO.238/09 & connected cases 3 decision in the light of the observation of this court in KSIDC v. Velayambron Krishnan( 2008(4) KLT 726), a copy of which will be produced by the appellants before the reference court. That court will permit both sides to adduce further evidence, if they so choose. Further trial will be completed and revised judgment as directed above will be passed by the reference court at the earliest and at any rate within four months of receiving a copy of this judgment. Refund full court fee paid on the appeal memoranda to the learned counsel for the appellants. PIUS.C.KURIAKOSE JUDGE M.C. HARI RANI JUDGE sv. L.A.A.NO.238/09 & connected cases 4