IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 LA.App..No. 1239 of 2010(D) --------------------------- LAR.42/2004 of SUB COURT,ATTINGAL .................... APPELLANT(S): RESPONDENT NO.2: ------------------------------------------------------- THE GENERAL MANAGER,TELECOM DEPARTMENT,BSNL,THIRUVANANTHAPURAM. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL RESPONDENT(S):CLAIMANTS/R1: --------------------------------------------------- 1. SASIDHARAN NAIR,S/O.SIVASANKARA PILLAI, SANKARAMANGALAM VEEDU,CHIRAYINKEEZHU DESOM,SARKARA VILLAGE, TRIVANDRUM DISTRICT 695 304. 2. REMADEVI,W/O.MURALEEDHARAN, SANKARAMANGALAM VEEDU,CHIRAYINKEEZHU DESOM, SARKARA VILLAGE, TRIVANDRUM DISTRICT 695 304. 3. STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM-01. R1 & R2 BY ADVS. SRI.M.R.RAJESH, SMT.A.K.PREETHA. R3 BY GOVERNMENT PLEADER SMT. P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2011 ALONG WITH LAA NO. 1240 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.4145/2010 IN LAA.NO.1239/2010 DISMISSED 14/06/2011 SD/- PIUS C.KURIAKOSE, JUDGE SD/- N.K.BALAKRISHNAN, JUDGE /TRUE COPY/ P.S. TO JUDGE Kss PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.1239 and 1240 of 2010 ---------------------------------------------------- Dated this the 14th day of June, 2011 Judgment Pius C.Kuriakose, J. Under challenge in these appeals preferred by the requisitioning authority, the B.S.N.L., are two separate judgments of the land acquisition reference court, Attingal. The property under acquisition was in Sarkara Village and the acquisition was pursuant to Section 4(1) notification published on 23.10.2000. The land was garden land and the Land Acquisition Officer awarded land value at Rs.23,677/- per cent. Before the reference court the claimants produced Exts.A1 to A13 and got examined A.W.1 to A.W.4. On the side of the Government and the requisitioning authority, no counter evidence was adduced. The learned Subordinate Judge discarded all exhibits other than Ext.A11 stating various reasons. Relying on Ext.A11 which pertains to a small extent of two and half cents, the court below refixed the land value at Rs.96,000/- per cent. In these appeals various grounds are raised assailing the judgment of the LAA NOS.1239 & 1240/10 2 reference court. The appellant in LAA No.1239 of 2010 has filed I.A.No.1611 of 2011. In this I.A. the appellant seeks acceptance of the basic document relating to the acquisition as well as document No.1/756/2000 of the S.R.O.Chirayinkeezhu. According to the appellants, they were disabled from producing these documents before the reference court due to the reasons beyond their control. Though Mr.Mathews K.Philip, learned Standing Counsel for the appellants addressed arguments touching the same, his last request was that the matter be remanded to the reference court affording opportunity for production of counter evidence. The submissions of Mr.Mathews K.Philip were resisted by Mr.M.R.Rajesh, learned counsel for the claimants. According to him, having regard to the market value of the land in Sarkara Village at the relevant time, the rate presently granted by the court below cannot be said to be excessive. He submits that in case this court is inclined to pass an order of remand, the remand should be an open one directing adduction of further evidence and reappreciation of the evidence already on record by the court below. He also requested that the portion of the decree amount which is under deposit may be released to the claimants LAA NOS.1239 & 1240/10 3 without insisting of any security. 2. Having considered the rival submissions, we feel that there is justification for remanding the L.A.R.cases to the Sub Court, Attingal giving opportunity to both sides to adduce further evidence. We are convinced that the requisitioning authority had sufficient reasons for not adducing evidence before the reference court in the first instance. Under the above circumstances, the judgments and decrees under appeals will stand set aside and LAR Nos.42/04 and 32/04 will go back to the Subordinate Judge's Court, Attingal. The learned Sub Judge is directed to permit all parties to adduce whatever further evidence they want to for substantiating their rival contentions. If parties adduce further evidence, the learned Sub Judge will appreciate such evidence and reappreciate the evidence already on record and pass a revised judgment fixing the market value of the property under acquisition. 3. We are told that 50% of the decree debt is under deposit. We direct the execution court to release the amounts under deposit to the claimants without insisting of any security. The parties will enter appearance before the court below on 30th June, LAA NOS.1239 & 1240/10 4 2011. Transmit the records forthwith to the court below. The documents produced along with I.A.No.1611 of 2011 in LAA No.1239 of 2010 will be returned in original to Mr.Mathews K.Philip, learned counsel for the appellants so as to enable the appellants to produce the same before the court below. The learned Subordinate Judge is directed to expedite the matters and ensure that both the L.A.Rs. are disposed of within a period of four months of the parties entering appearance. As we find some laches on the part of the appellants in the matter of adduction of evidence, we order that the one-third court fee remitted in LAA No.1240 of 2010 will not be refunded and that only 70% of the one-third court fee remitted in LAA No.1239 of 2010 will be refunded. The appeals are allowed as above. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA NOS.1239 & 1240/10 5 LAA NOS.1239 & 1240/10 6