IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 LA.App..No. 440 of 2011(D) ------------------------------- LAR.65/1991 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ----------------------------- P.SAHADEVAN, KANNADATHU VEEDU, MULLUVILA CHERRY, VADAKKEVILA VILLAGE, KOLLAM. [DIED & SUBST.] * ADDL. APPELLANTS 2. SARALA DEVI, KANNADETHU VEEDU, MUTHUVILA CHERRY, VADAKKEVILA VILLAGE, KOLLAM. 3. SAJILAL OF -DO- -DO- 4. CHITHRA OF -DO- -DO- 5. VICHITHRA OF -DO- -DO- 6. VIPINA OF -DO- -DO- 7. KASINATHAN OF -DO- -DO- *[LEGAL HEIRS OF THE DECEASED APPELLANT ARE IMPLEADED AS ADDL. APPELLANT 2 TO 7 VIDE ORDER DT.25/08/11 IN I.A.2433/11] BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA LA.App..No. 440 of 2011(D) -2- RESPONDENT(S): RESPONDENT ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.440 of 2011 ------------------------------------------------ Dated this the 25th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His property in Vadakkevila village within the limits of Kollam Corporation was acquired pursuant to Section 4(1) notification published in August, 1989 for the purpose of construction of National Highway - Kollam Bye-pass. The Land Acquisition Officer included the properties of the appellant in category-3 and in category-7. For property in category-3 the Land Acquisition Officer awarded land value at the rate of ` 8717/- per Are. For property in category No.7 he awarded land value at the rate of ` 619/- per Are. The Reference Court enhanced the land value of property in category 3 at the rate of ` 2615/- per Are and the land value of property in category No.7 at the rate of ` 185/- per Are. 2. In this appeal various grounds are raised urging that L. A. A. No.440 of 2011 -2- the rate fixed by the court below is low. Smt.S.Chitra, the learned counsel for the appellant would draw our attention to the judgment of this Court in L.A.A.1321/10 and L.A.A.642/04. She submitted that under those judgments the value of properties in category-2 has been finally re-fixed by this Court. She requested that the value of land under acquisition in this appeal be re-fixed by giving proportionate increase. We do find some force in the submission of Smt.Chitra. But we are not inclined to decide the issue finally so as to avoid any prejudice to the Government. Hence, we set aside the judgment and decree under appeal and remand LAR.65/91 to the Principal Sub Court, Kollam. The learned Subordinate Judge is directed to take a fresh decision on the question of the correct market value to be paid for the land under acquisition. It is open to the appellant to produce and rely on the judgments of this Court in L.A.A.1321/10 and L.A.A.642/04 and other materials in support of the appellant's claim for enhanced land value. It L. A. A. No.440 of 2011 -3- is open to the Government to adduce counter evidence. The learned Subordinate Judge will pass revised award on the basis of the evidence already on record and further evidence to be adduced by the parties. This order of remand will become operative only subject to the following conditions:- 1) All the conditions which we have imposed in our order in C.M. Application No.999/11 dated 27/09/11 will be taken care of while decree is passed by the Sub Court on the basis of the revised award to be passed by that Court. 2) During the period from 27/09/11 till the date of the revised award to be passed by the Sub Court also the enhanced compensation to which the appellant becomes eligible will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act. 3) The appellant will forfeit the full court fee payable on the appeal memorandum to the Government. The parties will enter appearance before the Reference Court on 05/11/11. The learned Subordinate Judge will L. A. A. No.440 of 2011 -4- complete the enquiry and pass the revised award within four months thereafter. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- THE WORDS “FULL” AND “PAYABLE” OCCURRING IN CONDITION NO.3 IN PAGE 3 OF THE JUDGMENT DATED 25/10/2011 IN LAA.440/2011 ARE CORRECTED AND SUBSTITUTED AS “ONE THIRD” AND “PAID” RESPECTIVELY VIDE ORDER DATED 14/12/2011 IN I.A.3916/2011 IN LAA.440/2011. SD/- REGISTRAR (JUDICIAL)