IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 LA.App..No. 866 of 2010(B) ------------------------------- LAR.59/2006 of SUB COURT, NEDUMANGAD .................... APPELLANT(S)/RESPONDENT NO.1 IN LAR: ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR RESPONDENT(S)/CLAIMANTS & RESPONDENT NO.2 IN LAR: ------------------------------------------------------------------ 1. ARJUNAN,S/O.KUNJUKRISHNAN,VINOD BHAVAN, POOLANTHARA,SANTHIGIRI P.O. - 2419315 2. GEETHA,S/O.ARJUNAN,VINOD BHAVAN, POOLANTHARA,SANTHIGIRI P.O,-2419315 3. THE EXECUTIVE ENGINEER,KSTP,PULAMON, KOTTARAKKARA-691531 ADV. SRI.G.S.REGHUNATH THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.866 of 2010 ------------------------------------------------ Dated this the 13th day of December, 2011 JUDGMENT Pius C. Kuriakose The Government is in appeal. The property was in Koliyakode village. The acquisition was for the upgradation of Thykkode-Kottarakkara State Highway. The relevant Section 4(1) notification was published on 17/01/04. For a small portion of the land, the Land Acquisition Officer awarded land value at the rate of ` 17,178/- pr Are. For the remainder portion, he awarded land value at the rte of ` 18,509/- per Are. The Reference Court under the impugned judgment awarded uniform rate of ` 4,94,000/- per Are to the entire property. 2. In this appeal, grounds are raised contending that the rate fixed by the Reference Court is excessive. L. A. A. No.866 of 2010 -2- Sri.C.R.Shyamkumar, the learned Senior Government Pleader would draw our attention to the judgment of this Court in L.A.A.336/11. He submitted that for properties for which the Land Acquisition Officer had awarded land value at the rate of ` 17,178/- per Are, this Court has re-fixed the land value at ` 1,50,000/- per Are. He drew our attention also to the judgment of this Court in L.A.A.854/09. He submitted that for properties for which the Land Acquisition Officer had awarded land value at the rate of ` 18,509/- per Are, this Court has re-fixed the land value at ` 55,525.60/- per Are. According to him, there is every justification for this Court allowing the appeal and re-fix the market value uniformly at the rate of ` 55,525.60/- per Are. 3. All the submissions of learned Government Pleader were opposed by the learned counsel for the claimants. He submitted that the learned Subordinate Judge placing L. A. A. No.866 of 2010 -3- reliance on cogent evidence has awarded the rate awarded under the impugned award. There is no warrant for interference. 4. Having considered the rival submissions, we are of the view that the issue of the correct compensation payable for the properties under acquisition should be re-considered by the Reference Court in the light of the judgment of this Court to which our attention was drawn by the learned Government Pleader. Hence, we set aside the judgment and decree under appeal and remand LAR.59/06 to the Subordinate Judge's Court, Nedumangad. The learned Subordinate Judge is directed to take a fresh decision after affording opportunity to the Government to adduce further evidence. It is open to the Government to place reliance on the judgment of this Court before the Reference Court. If the Government adduces further evidence, the claimants also L. A. A. No.866 of 2010 -4- can be given opportunity to adduce further evidence. The learned Subordinate Judge will pass a revised award on the basis of the appreciation of the entire evidence which comes to be on record. 5. The appeal is thus allowed by way of remand. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE