IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 LA.App..No. 250 of 2008() ------------------------- LAR.119/2003 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANT ---------------------- VADAKKEKARA CONGRESS BLOCK COMMITTEE, REPRESENTED BY ITS PRESENT PRESIDENT, K.P.GOPINATH, S/O.APPUKUTTA MENON, SRIVILAS, MADAPLATHURUTH, VADAKKEKARA P.O., ERNAKULAM DISTRICT.(WRONGLY TYPED IN LAR JUDGMENT K.P.DHANAPALAN, PRESIDENT, DISTRICT CONGRESS COMMITTEE OFFICE, CHAITHANYA, HOSPITAL ROAD, ERNAKULAM. ) BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA - REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL STATION BUILDINGS, KAKKANAD, COCHIN - 30. GOVERNMENT PLEADER SMT. JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 250 OF 2008 ------------------------ Dated this the 8th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. Vadakkekara Block Congress Committee, the claimant before the Reference Court is in appeal. Their property in Moothakunnam Village was acquired by the Government pursuant to Section 4(1) notification published on 18/8/2002 (?). The property was dry in nature and the Land Acquisition Officer awarded value at the rate of Rs.36,124/- per Are. Under the impugned judgment, the Reference Court has confirmed the award of the Land Acquisition Officer on the reason that the claimant did not adduce any evidence. On going through the papers, it appears that, as nobody was there to receive the notice issued by the Reference Court to the Vadakkekara Congress Block Committee, the notice was forwarded to the DCC. Its President also did not enter appearance in response to the notice. The Reference Court, accordingly, would confirm the award of the Land Acquisition Officer taking the view that the LAA.No.250/2008 2 evidence is not adduced for substantiating the claim for enhancement. 2. In this appeal various grounds are raised assailing the judgment of the Reference Court. Annexure -A1 judgment, which is a common judgment passed by the same Reference Court in a number of other cases pertaining to the acquisition for the same purpose is relied on. Even though Smt. N.Sudha learned counsel for the appellant fervently requested that we rely on Ext.A1 which according to her has become final and allow the appeal refixing the market value at Rs.53,945/- per Are, we are not inclined to accede her request in view of the stiff opposition put up by the Government Pleader. We feel that there is justification for remitting the matter back to the Reference Court for safeguarding the interest of the Government also. 3. The result, therefore, is that the judgment and decree under appeal are set aside. L.A.R. No.119/2003 is remitted back to the Additional Sub Court, North Paravur. That court is directed to take a fresh decision after permitting the appellant to adduce whatever further evidence including Annexure A1 judgment before that court. If the appellant adduces evidence, that court LAA.No.250/2008 3 shall permit the Government also to adduce counter evidence. The learned Subordinate Judge will pass revised award after evaluating the evidence already on record and the further evidence which comes to be on record. 4. The parties will enter appearance before the Reference Court on 31/8/2011. The learned Sub Judge will complete the enquiry and pass the revised award within four months thereafter. This order of remand however will be subject to the following conditions; i). In case the appellant becomes eligible for enhanced compensation by virtue of the revised judgment to be passed by the Reference Court, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the L.A.Act during the period from 13/9/1997 till the date of the revised award. ii). The appellant will forfeit the entire court fee remitted on the appeal memorandum to the Government. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk