IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 LA.App..No. 1366 of 2007() -------------------------------- LAR.539/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT IN LAR ---------------------------------------- * 1. K.CHELLAPPAN PILLAI, S/O SANKARAN PILLAI AGED 91 YEARS, THAZHAMANGATTU VEEDU, VETTUVENI MURI, PALLIPAD, HARIPAD P.O.(DIED) * ADDL. APPELLANTS 2 TO 12 IMPLEADED 2. C. SUKUMARA PILLAI, S/O. LATE K.CHELLAPPAN PILLAI. AGED 58 YEARS, THAZHAMANGATTU VEEDU, VETTUVENI MURI, PALLIPAD, HARIPAD P.O. 3. C.SOMAN PILLAI, AGED 56 YEARS, S/O. CHELLAPPAN PILLAI, -DO- -DO- 4. C.BHASKARAN PILLAI, AGED 53 YEARS, S/O. CHELLAPPAN PILLAI, -DO- -DO- 5. E.NIRMALAKUMARI, AGED 49 YEARS, D/O. CHELLAPPAN PILLAI, -DO- -DO- 6. C.UNNIKRISHNA PILLAI, AGED 46 YEARS, S/O. CHELLAPPAN PILLAI, -DO- -DO- 7. E.AMBIKA KUMARI, AGED 43 YEARS, D/O. CHELLAPPAN PILLAI, -DO- -DO- 8. C.RAVI KUMAR PILLAI, AGED 41 YEARS, S/O. CHELLAPPAN PILLAI, -DO- -DO- 9. E. SREELATHA, AGED 39 YEARS, D/O. CHELLAPPAN PILLAI, -DO- -DO- svs ..........2/-.... ....2... L.A.A. NO.1366/2007 10. VIJAYALAKSHMI, AGED 51 YEARS, W/O. LATE GOPALAKRISHNA PILLAI, -DO- -DO- 11. SREEJA, AGED 24 YEARS, D/O. LATE GOPALA KRISHNA PILLAI, -DO- -DO- 12. SREEKANTH, AGED 17 YEARS, D/O. LATE GOPALAKRISHNA PILLAI. -DO- -DO- * LEGAL HEIRS OF THE DECEASED PETITIONER IMPLEADED AS PER ORDER DATED 02/06/2010 ON I.A. 1786/2010. BY ADVS. SRI.M.R.SUDHEENDRAN SRI.SURAJ.S RESPONDENT(S): RESPONDENT IN LAR: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA. BY GOVT.PLEADER SMT. T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2011, ALONG WITH L.A.A. NO.945/2001 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.Nos.945 of 2001 and 1366 of 2007 ------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Both the Government as well as the claimants in appeal are challenging the award of the Land Acquisition Reference Court, Mavelikkara in L.A.R.No.539 of 1993. According to the claimant, the market value re-determined by the reference court is inadequate. According to the Government, the market value is excessive. We are not inclined to go into the merits of these rival contentions. We notice that the acquisition was for Railways. We further notice that the Railways, the requisitioning authority, were not parties to the proceedings before the lower court. It is settled by judgment of this Court in Steel Authority of India Ltd. Vs. State of Kerala (1995(2) KLT 683) and by decisions of the Honourable Supreme Court that, in all 2 L.A.A.Nos.945 of 2001 and 1366 of 2007 reference cases under Section 18 of the Land Acquisition Act, the requisitioning authority should be made a party and given an opportunity to participate in the enquiry leading to determination of the market value. We set aside the judgment and decree under the appeal based on that reason. L.A.R.No.539/1993 is remanded back to Mavelikkara Sub Court and that court is directed to implead the requisitioning authority as a party to L.A.R.No.539 of 1993 and to pass a revised award, after affording opportunity to all parties including the requisitioning authority to adduce whatever further evidence they want to for substantiating the rival contentions. Appeal is allowed by way of remand. The parties will enter appearance before the Sub Court, Mavelikkara, on 29.7.2011. As we notice some laches on the part of the appellant in prosecuting the matter before the court below and in bringing to the notice of the court below the issues of non-impleadment of requisitioning 3 L.A.A.Nos.945 of 2001 and 1366 of 2007 authority, we are not inclined to refund the full court fee remitted on the appeal memorandum. Registry will refund only 80% of the court fee remitted on the appeal memorandum to the counsel for the appellant in L.A.A.No.1366 of 2007. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/