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 29TH AUGUST 2011 / 7TH BHADRA 1933 LA.App..No. 428 of 2011() ------------------------- LAR.417/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS 2 & 3 ----------------------------- 1. KUMARI GIRIJA, D/O. RETNASENAN, VALIYATHOPPU VEEDU, VANCHIYOOR, THIRUVANANTHAPURAM. 2. SUJANAKUMARI, -DO- -DO- BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): REFERRING OFFICER AND REQUISITIONING AUTHORITY ------------------------------------------------------------- 1. STATE OF KERALA (THE SPECIAL TAHSILDAR, L.A., INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM), REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM.695001 (R2 IS DELETED FROM THE ARRAY OF PARTIES AND SUBSTITUTED BY THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, P.B NO.5224 VIKAS BHAVAN P.O. MUSCAT SQUARE TRIVANDRUM - 33 VIDE ORDER DATED 7/6/11 IN LAA) GOVERNMENT PLEADER SMT.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 428 OF 2011 ------------------------ Dated this the 29th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal preferred by the claimants pertains to acquisition of land in Pettah Village for the expansion of Thiruvananthapuram International Airport. Relevant Section 4 (1) notification was published on 4/2/1999. The Land Acquisition Officer awarded land value at the rate of Rs.1,31,616/- per Are. Before the Reference Count the evidence consisted of Exts.A1 to A3, R1 to R5 and the oral evidence of AW1 and BW1. On evaluating the evidence, the court below refixed the land value at Rs.2,25,000/- per Are. 2. In this appeal various grounds are raised and value is requested to be fixed at the rate of Rs.4 Lakhs per Cent. Apart from the land value, for the building which stood on the property the Land Acquisition Officer awarded Rs.84,306/-. This was enhanced by the Reference Court under this judgment to Rs.1,02,541/-. The Reference Court would refix the value at Rs.1,13,813/-. LAA.No.428/2011 2 3. Sri.Subhash Syriac learned counsel appearing for the appellants submits that the land value refixed by the Reference Court is very low. The learned counsel submitted that on the basis of the evidence adduced there was justification for refixing the land value at Rs.4 Lakhs. 4. Smt. Josephina learned Government Pleader submitted that this court by judgment in L.A.A. No.575/2009 refixed the value of identical lands at aRs.2,50,000/- per Are. According to her, there is no justification for enhancing the land value over the above rate. She would however fairly concede that in respect of the building value there will be justification for granting some more enhancement . In response to the above submissions of the Government Pleader, Mr.Subash Syriac requested that the matter be remanded back to the Reference Court, so that the appellants will get opportunity to adduce further evidence and to rely on the judgment in L.A.A. No.575/2009 and other relevant judgments. 5. Having anxiously considered the rival submissions addressed at the Bar, we are of the view that the question of correct market value of the building which existed on the land LAA.No.428/2011 3 under acquisition can be decided by ourselves. We award to the appellants Rs.12,500/- more, over and above what is awarded by the Reference Court towards building value. 6, Coming to the question of land value, we feel that there is justification for remitting the matter back to the Reference Court. Hence, we set aside the judgment and decree to the extent the same pertains to the fixation of value of the land under acquisition. It is open to the appellants to adduce further evidence before the Reference Court in support of their claim for land value. If the appellants adduce further evidence, the Government can adduce rebuttal evidence. The learned Subordinate Judge will take fresh decision refixing the market value of the land on the basis of the entirety of the evidence which comes on record. However, it is made clear that in case the appellants become eligible for more land value than what is given under the impugned judgment, such enhanced land value will not carry interest otherwise admissible under Section 28 of the Act during the period from 19/3/2007 till the date of the revised award to be passed by the Reference Court. As we notice laxity on the part of the appellants in producing evidence LAA.No.428/2011 4 promptly, we order that the Registry will refund only 80% of the court fee remitted on the appeal memorandum to the appellants. The parties will enter appearance before the Reference Court on 19/9/2011. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk