IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 LA.App..No. 449 of 2007() ----------------------------------- LAR.233/1998 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN RESPONDENT(S): CLAIMANT ----------------------- KOYAPPATHODI AMINA UMMA, CHEVAYUR, KOZHIKODE ATTORNEY HOLDER P.K.AHAMMEDKUTTY, KOYAPPATHODI BUNGLOW, CHEVAYUR, KOZHIKODE. R1 BY ADV. MR.C.P.MOHAMMED NIAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.1378/2007 IN LAA.NO.449/2007 DISMISSED 29/10/2009 SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE TRUE COPY P.A. TO JUDGE tss PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.449 of 2007 ------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Pius C.Kuriakose,J. This appeal by the Government pertains to acquisition of land in Nagaram Village of Kozhikode Taluk. Under the impugned judgment, the acquisition was pursuant to 4(1) notification dated 15.3.1994. The Land Acquisition Officer awarded land value at the rate of Rs.35,872/- per cent. This was enhanced under the impugned judgment to Rs.4,94,000/- per Are corresponding to 2 lakhs per cent. 2. Our attention is drawn by Sri.C.P.Muhammed Niyaz and Smt.Latha T.Thankappan to the judgments of this Court in LAA Nos.1021 of 2001 and 582 of 2000. Having regard to the reasons stated in that judgment, we are of the view that the impugned judgment and decree are to be set aside and issue is remanded to the reference court. Accordingly, we set aside the judgment and decree and remand LAR No.233/1998 to the Sub Court, Kozhikode. That Court is directed to take fresh decision, LAA No.449 of 2007 2 after affording an opportunity to both sides to adduce evidence in support of their rival contentions. The parties will appear before the court below on 20.11.2009. That court will pass revised judgment, at any rate within four months of the parties entering appearance. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/