IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 LA.App..No. 339 of 2006(D) -------------------------- LAR.364/1997 of ADDL.SUB COURT,PARAVUR .................... APPELLANTS: CLAIMANTS 1,3 & 5 TO 12: -------------------------------------- 1. ANANTHAN PILLAI, S/O. KUMARAN, MANIYALIL HOUSE, KALADY. 2. SATHYABHAMA, D/O. KUMARAN, MANIYALIL HOUSE, KALADY. 3. BHASKARAN, H/O. LAKSHMI (C CLAIMANT), MANIYALIL HOUSE, KALADY. 4. SOBHANA SHAJI, W/O. T.C. SHAJI, THOTTUNGAL HOUSE, MARADU, ERNAKULAM. 5. ANITHA GOPALAN, W/O. GOPALAN K., KOTTATTU HOUSE, INDIRA LINE, THAIKKATTUKARA,ALUVA. 6. ANIL KUMAR, S/O. BHASKARAN, I.B. MENACHERRY TOWERS, BENNET ROAD, CHAMBUKKAVU, THRISSUR. 7. BABY PRABATH, W/O. P.G. PRABHATH, GURUKRIPA, UNICHIRA, CHANGAPUZHA NAGAR, KOCHI-33. 8. MALATHY, W/O. LATE BANERJI, MANIYALIL, KALADY P.O. 9. BABURAJ, S/O. LATE BANERJI, MANIYALIL, KALADY P.O. 10. KAVITHA, D/O. LATE BANERJI, MANIYALIL, KALADY P.O. ADDL.APPELLANTS: 11. ARAVINDAKSHAN, PULLARKATTU HOUSE, MATOOR VILLAGE, MATTOOR, KALADY P.O. LA.App..No. 339 of 2006(D) : 2 : 12. P.A.DINISH, AGED 42, S/O.SATHYABHAMA, PULLARKATTU HOUSE, MATTOOR VILLAGE MATTOOR, KALADY P.O. 13. P.A.SULAJA, AGED 45, D/O.SATHYABHAMA, KULATHANAL HOUSE, VENGOOR, KIDANGOOR P.O, ANGAMALY VILLAGE. IMPLEADED AS PER ORDER DATED 9.6.2008 IN I.A.NO.2081 OF 2008 BY ADV. SRI.JAICE JACOB SRI.G.G.MANOJ SRI.P.M.BENZIR RESPONDENTS: RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM DISTRICT. 2. SREE SANKARA SANSKRIT UNIVERSITY, KALADY. ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R2 GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R1 SRI.NAGARAJ NARAYANAN,SC,SREE SANK.UNIV FOR R2 SRI.P.K.VIJAYA MOHAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------- L.A.A No. 339 of 2006 ------------------------------ Dated this the 4th day of December, 2009. J U D G M E N T The claimants are in appeal, being aggrieved by what they describe as fixation of inadequate compensation by the Land Acquisition Reference Court. The acquisition was for the purpose of Sree Sankara University of Sanskrit, Kalady, pursuant to Section 4(1) notification dated 5.10.2003. Under the impugned judgment, the reference court granted enhancement by 44% of the value that was awarded by the Land Acquisition Officer. It is submitted by the learned counsel for the appellant that the reference court in a few cases awarded 100% increase and in few other cases awarded only 45% increase. The University preferred appeal, in those cases where 100% increase was granted. The claimants preferred appeals in cases where enhancement was 45%. According to the learned counsel for the appellant, this court already passed orders of remand in all those appeals. The above submission is not disputed by the learned counsel for the Requisitioning Authority. Accepting the above submission, we set aside the judgment and decree under appeal and remand L.A.R No.364 of 1997 to the Sub Court, North Paravur for a fresh decision. That court will afford an opportunity to all the parties to adduce whatever evidence they want to. The parties will enter appearance before the reference court on 4.1.2010. The Reference Court will pass revised judgment within four month thereafter. After we pronounced the judgment, the learned counsel for the University submitted that this Court by judgment in L.A.A No. 28 of 2006 has confirmed the impugned judgment. A copy of that judgment is also placed before us. We are of the view that the judgment does not foreclose the present appeal filed by the claimant. That judgment at best only reveals that the enhancement at the rate of 44% under the impugned judgment is not excessive. Since we notice that the appellant is to a certain extent responsible for the order of remand, we are not inclined to order refund of the court fee. Sd/- PIUS C.KURIAKOSE (JUDGE) Sd/- K.SURENDRA MOHAN (JUDGE) //True Copy// PA to Judge ab