IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 LA.App..No. 365 of 2009() ------------------------- LAR.173/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- LEKHA.V.S, DEEPTHI, TC 31/120, CHACKAI, THIRUVANANTHAPURAM - 695 024. BY ADV. SRI.LAL GEORGE SMT.ANN SUSAN GEORGE RESPONDENT(S): RESPONDENTS 1 AND 2 ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. * 2. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. * DELETED AND SUBSTITUTED THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, P.B.NO.54241, VIKAS BHAVAN P.O., MUSCAT SQUARE, TRIVANDRUM-33. R2 IS DELETED FROM THE ARRAY OF PARTIES AND SUBSTITUTED AS ABOVE VIDE ORDER DATED 6.6.11 IN LAA. SR. GOVERNMENT PLEADER SRI. C.R. SHYAM KUMAR FOR R1-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPELLAN'S ANNEXURES ANNEXURE A1: COPY OF THE JUDGMENT IN LAR NO.296/04 ANNEXURE A2 ROUGH SKETCH OF LAR.296/04 /TRUE COPY/ P.S. TO JUDGE CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.365 OF 2009 ................................................................... Dated this the 14th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The claimant has preferred this appeal raising mainly two grounds. (1) The market value of the land under acquisition determined by the reference court at Rs. 2 lakhs per Are is quite inadequate. (2) The reference court was in error in denying to the appellant statutory interest under Section 28 during the period from 4.3.1999 to 4.1.2001 (672 days) on the reason that during that period the proceedings were under stay in three writ petitions pending before this Court. 2. Even as Sri. Lal George - learned counsel appearing for the appellant was about to commence his submissions, Sri.C.R.Shayam Kumar, learned Senior Government Pleader would draw our attention to the judgment of this Court in LAA.No.2328/2008. Sri. Shyam Kumar submitted that under that judgment value of identical property has been refixed by this Court at Rs.1,80,000/- per Are. Sri. Lal George does not agree. According to Sri. Lal George, there are so many L.A.A.NO.365 OF 2009 : 2 : other judgments of this Court pertaining to comparable property situated in the same village under which this Court has awarded much more than the present rate of Rs. 2 lakhs per Are. 3. Having considered the rival submissions addressed at the bar, we are of the view that the second point raised by Sri. Lal George can be accepted straight away. It is not disputed that the appellant was not a party to the proceedings in which this Court granted stay of the land acquisition proceedings. Hence, we hold that the court below was not justified in denying to the appellant statutory interest under Section 28 during the period of 672 days covered by the stay order. Now coming to the first point as to the correct market value awarded to the appellant. We feel that the issue requires reconsideration at the hands of the reference court. We set aside the judgment and decree and remand the LAR to the reference court. It is open to the appellant to adduce further evidence. The appellant can rely on judgment of this Court in respect to comparable property in the same village L.A.A.NO.365 OF 2009 : 3 : for fixing higher rate than the value presently awarded. It is open to the Government to rely on judgments of this Court including the one to which our attention was drawn by Sri. Shyam Kumar. The learned Subordinate Judge will pass a revised award on the basis of the evidence already on record and the evidence to be adduced. Refund the full court fee remitted on the appeal memorandum to the appellant. Parties will appear before the reference court on 02.01.2012. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl