IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29620 of 2009(V) -------------------------------------- LAR.127/2008 of ADDL.SUB COURT,PARAVUR .................... PETITIONER(S): ------------------------ 1. P.C.JOSEPH, PANTHIRUVELIL HOUSE,4/274A, MOUNT CARMEL ROAD,THAIKKATTUKARA P.O., ALUVA. 2. ROSE JOSEPH,W/O.P.C.JOSEPH, PANTHIRUVELIL HOUSE,4/274A, MOUNT CARMEL ROAD,THAIKKATTUKARA P.O., ALUVA. BY ADVS.MR.K.K.CHANDRAN PILLAI MR.A.S.SAJUSH PAUL RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM,COLLECTORATE,KAKKANADU. 2. SPECIAL TAHSILDAR (LAICTT), VALLARPADAM,ELOOR,KALAMASSERY. 3. THE CHAIRMAN, COCHIN PORT TRUST. R1 & R2 BY GOVT. PLEADER MR.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29620 of 2009-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of October, 2009. JUDGMENT Certain items of lands were acquired for the purpose of Cochin Port Trust. According to the petitioners, an extent of land was acquired from them, however that, there is controversy between the requisitioning authority, acquiring authority and the petitioners regarding the total extent under acquisition. This dispute has, necessarily, to be resolved by the reference court unless the parties are satisfied by the decision at the hands of the Collector under the Land Acquisition Act, 1894. In determining compensation under the Land Acquisition Act, the extent of land, the value of land and the value of improvements have to be fixed. Therefore, if there is any dispute as to the extent of land, that is a matter that would have a bearing on the compensation payable. WPC29620/09 -: 2 :- Hence, it is an issue relatable to the compensation payable for the acquisition and therefore, a matter which falls under Section 18 for reference. It is stated that a reference has already been made. There is no necessity for the matter to be again referred. All that is required is that the reference court shall, by the force of this judgment, treat the reference as one for enhanced compensation, including on an issue referable to the true total extent acquired from the petitioners. It is so ordered. It is clarified that this judgment does not touch on the merits of the claims of the petitioners. All other issues are left open. The petitioners will produce a copy of this judgment before the reference court which will act in terms of the same. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/221009