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 8TH JULY 2011 / 17TH ASHADHA 1933 LA.App..No. 1674 of 2008() -------------------------------- LAR.235/2004 of SUB COURT,TRIVANDRUM .................... APPELLANT(S): 1ST RESPONDENT --------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT. T.T.JOSEPHINA RESPONDENT(S):CLAIMANT & RESPONDENT NO.2. ----------------------------------------------------------- 1. POULINE MARY, T.C. 47/1210, POONTHURA, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, P.W.D, ROADS DIVISION, THIRUVANANTHAPURAM. R1 BY ADV. SRI.R.MANOJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.1674 of 2008 ------------------------------- Dated this the 8th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This appeal pertains to acquisition of the land in Muttathara Village for the purpose of construction of Moonnattumukku bridge and its approach road. The land value has been enhanced under the impugned award from Rs.42,538/- per are to Rs.1,77,840/- per are. We approve the enhancement of land value at a uniform rate, as the enhancement is justified on the materials that are available. In connected matters also, the above enhancement has been approved by this Court. But we are not able to sustain the enhancement in the building value by the reference court. We find that the commissioner's recommendations were accepted in full. We set aside the judgment and decree to the extent, the same pertains to the award of enhanced structure value. The issue as to the compensation 2 L.A.A.No.1674 of 2008 payable for the structure which existed on the property, is to be re-fixed by the learned Sub Judge. The learned Sub Judge should afford an opportunity to both sides to adduce whatever evidence they want to on the above issue. Revised award should be passed based on the materials already available on record and further evidence if any adduced pursuant to this order of remand. Parties will appear before the court below on 9.8.2011. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/