IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 LA.App..No.355 of 2008 (C) --------------------------------- LAR.3/2003 of SUB COURT, HOSDRUG .................... APPELLANT(S): RESPONDENT ----------------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NH, KANNUR. BY GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS: ------------------------------------ 1. KOTTILA VEETTIL NARAYANAN, S/O. LATE KANHANGADAN AMBU, C/O.SASTHA ENTERPRISES PADNEKKAD, P.O. KANHANGAD VILLAGE,HOSDURG TALUK. 2. KOTTILA VEETTIL JANAKI, D/O. LATE KANHANGADAN AMBU, C/O.SASTHA ENTERPRISES PADNEKKAD, P.O. KANHANGAD VILLAGE,HOSDURG TALUK. ADV. SRI.M.GOPIKRISHNAN NAMBIAR FOR RESPONDENTS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.355 of 2008 ------------------------------------------------ Dated this the 9th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This appeal preferred by the Government pertains to acquisition of land in Kanhangad village for the purpose of construction of a Railway Over Bridge. The relevant Section 4(1) notification was published on 09/08/99. The Land Acquisition Officer awarded land value at the rate of Rs.5,145.58/- per cent. The Reference Court under the impugned judgment re- fixed land value at Rs.15,000/- per cent. Even though the claimants had claimed for enhanced value for the building and Exts.A1 and A2 were produced and engineer was examined as AW2, the learned Sub Judge did not become inclined to grant enhancement L. A. A. No.355 of 2008 -2- towards building value. The only evidence to support the claimants' claim to enhanced land value was the oral evidence of AW1 alone. The learned Sub Judge himself observed that no document have been produced by the claimants in support of his claim for enhanced land value. However, obviously, on guess work the land value has been enhanced by 200% of what was awarded by the Land Acquisition Officer. We are unable to approve the action of the learned Sub Judge in granting such steep enhancement on the basis of oral evidence alone. 2. It is submitted by Sri.M.Gopikrishnan Nambiar, the learned counsel for the respondent that if an opportunity be given, the claimants will be able to produce evidence not only in support of land value but also in support of claim for building value. Under L. A. A. No.355 of 2008 -3- the above circumstances, we set aside the judgment and decree under appeal and remand the LAR No.3/03 back to the Subordinate Judge's Court, Hosdurg. That court will give opportunity to the respondents/ claimants to adduce evidence in support of their claim towards higher building value and higher land value. It will be observed that the best evidence which is possible for claim of higher land value is production of sale documents pertaining to comparable properties. If further evidence is adduced by the claimants, the Government will also be given opportunity to adduce counter evidence. Learned Sub Judge will pass the revised judgment on the basis of the entire evidence which comes on record at the earliest and at any rate, within five months of the parties entering appearance before the court below pursuant to this judgment. L. A. A. No.355 of 2008 -4- Parties will enter appearance before the court below on 17/08/09. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-