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 18TH JUNE 2009 / 28TH JYAISHTA 1931 LA.App..No.1056 of 2002 (D) ---------------------------------- LAR.11/1998 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANT: -------------------------------- ULAHANNAN JOSE @ ULAHANNAN JOSEPH, S/O. ULAHANNAN, CHERUVIL KALLARACKAL, NJAYAPPILLY P.O., KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. [DIED] * ADDL. APPELLANTS 2. ANNAKUTTY, AGED 75 YEARS, W/O ULAHANNAN JOSEPH, CHERUVILKALLARACKAL, NJAYAPPILLY P.O., KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 3. ANNAKUTTY, AGED 56 YEARS, D/O LATE ULAHANNAN JOSEPH AND WIFE OF SEBASTIAN, PULIMOOTTIL HOUSE, ATHANI, ALUVA. 4. MARY, AGED 48 YEARS, D/O LATE ULAHANNAN JOSEPH AND WIFE OF JOSE, APPANCHIRA HOUSE, PERUMANNUR, VIA KOTHAMANGALAM. 5. KOCHUTHRESYA, AGED 45 YEARS, D/O LATE ULAHANNAN JOSEPH, AND WIFE OF K.O. ANTONY, KARAYIL HOUSE, KANJOOR P.O., KIZHAKUMBHAGAM VILLAGE, ALUVA TALUK. 6. SISILI, AGED 40 YEARS, D/O LATE ULAHANNAN JOSEPH AND WIFE OF JOSE, ADUKUZHIYIL HOUSE, NJAYAPPILLY P.O., LA.App..No.1056 of 2002 (D) 2 KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 7. LUCY, AGED 38 YEARS, D/O LATE ULAHANNAN JOSEPH, AND WIFE OF ANSON, MOOLAMATTOM HOUSE, MUVATTUPUZHA. *[ADDL. APPELLANTS 2 TO 7 ARE IMPLEADED AS LRS OF THE DECEASED SOLE APPELLANT VIDE ORDER DT.13/11/08 IN I.A.4762/08] BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENT(S): RESPONDENT: -------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-30. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, ALONG WITH LAA NO.1057 OF 2002 & CON. CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. Nos.1056, 1057 & 1058 of 2002 ------------------------------------------------ Dated this the 18th day of June, 2009 JUDGMENT Pius C. Kuriakose, J Heard Smt.Sudha Babu, the learned counsel for the appellants and Sri.Basant Balaji, the Senior Government Pleader for the Government. 2. The claimants/appellants are aggrieved by the judgment of the Reference Court as absolutely no enhancement was granted by the Reference Court. According to Smt.Sudha Babu, evidence adduced by the claimants will justify grant of enhancement considerably. Sri.Basant Balaji, Senior Government Pleader would support the judgment of the Reference Court and submitted that on the evidence which is available on record, nothing could have been granted. L. A. A. Nos.1056, 1057 & 1058 of 2002 -2- Smt.Sudha Babu would retort by submitting that if an opportunity is given, the appellants will be able to adduce further evidence. 3. Having considered the rival submissions, we are of the view that the appellants should be granted opportunity to adduce whatever further evidence they are having to substantiate their claim for enhanced land value. The Reference Court should remember that when land with yielding trees are acquired, the court must adopt the method of valuation i.e. land value method or method of capitalisation of income whichever is more advantageous to the claimant. The appellants are permitted to adduce evidence not only in the context of land value but also in the context of income which is derived from the acquired properties. 4. We set aside the judgments under appeals L. A. A. Nos.1056, 1057 & 1058 of 2002 -3- and remand LAR Nos.8, 10 and 11 of 1998 to the Sub Court, Muvattupuzha. Sub Court, Muvattupuzha will afford sufficient opportunity to the appellants to adduce further evidence. If further evidence is adduced by the appellants, the court will then give opportunity to the Government also to adduce counter evidence. The Reference Court is directed to pass revised judgments at the earliest and at any rate within six months of receiving a copy of this judgment. The parties are directed to appear before the court on 03/08/09. Refund full court fee paid on the appeal memo to the counsel for the appellants. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-