IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 LA.App..No. 280 of 2005(D) -------------------------- LAR.511/1997 of PRINCIPAL SUB COURT, NORTH PARAVOOR .................... APPELLANT(S): CLAIMANT -------------- E.K.PRABHAKARAN, ETTUNGALPADY HOUSE, KALADY P.O., ALUVA TALUK. BY ADV. SRI.C.P.WILSON MS. ROSE MICHAEL RESPONDENT(S): RESPONDENTS --------------- 1. STATE OF KERALA. 2. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY THE REGISTRAR. R1 BY SR. GOVT. PLEADER SRI BASANT BALAJI ADV. SRI.B.S.KRISHNAN, SENIOR ADVOCATE FOR R2 SRI.K.ANAND, SC, SANSKRIT UTY. FOR R2 SMT.LATHA KRISHNAN,SC,SANSKRIT UTY. FOR R2 GOVERNMENT PLEADER FOR R1 SRI.ALAN PAPALI,SC,THE SREE SANKARACHARY FOR R2 SRI.P.S.NISHIL,SC,SREE SANKARACHARYA UT FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2009 ALONG WITH LAA NO.317, 318 & 558 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 280, 317, 318 & 558 of 2005 --------------------------------------------- Dated: JUNE 23, 2009 JUDGMENT Pius C. Kuriakose, J. All these are appeals preferred by the claimants who are aggrieved by the rate of enhancement granted by the reference court in cases pertaining to acquisition of their properties for the purpose of Sree Sankaracharya Sanskrit University. The relevant sec.4(1) notification in LAA 280, 318 & 558 of 2005 were published on 17.8.1993 and the notification in LAA 317/2005 was published on 20.9.2003. The land acquisition officer awarded land value at the rate of Rs.2469/- per Are. The reference court under the impugned judgment has granted enhancement of 45% over and above what was granted by the land acquisition officer. In fact, in the first instance the reference court passed judgment granting cent percent increase over the rate granted by the land acquisition officer. There were L.A.A. 280, 317, 318 & 558 of 2005 2 appeals at the instance of the requisitioning authority which was not made a party to the LAR cases. Those appeals were allowed and the cases were remanded directing impleadment of the requisitioning authority and reconsideration of the value giving liberty to both sides to adduce evidence. After remand also the reference court passed revised judgments awarding cent percent increase. The requisitioning authority preferred appeals again. Those appeals were also allowed by way of remand. Pursuant to that remand, the impugned judgments were passed. But in a few other LAR cases, the reference court once again awarded enhancement at cent percent itself. In all those cases the requisitioning authority has already come up in appeal while claimants like the present appellants have preferred appeals complaining that they also should have been awarded at least cent percent increase. We are informed by Smt. Rose Michael, learned counsel for the appellants, that this Court by judgment in LAA No.1034/2005 and connected cases filed by the requisitioning authority, interfered with the judgment of the reference court awarding cent percent increase and relegated the L.A.A. 280, 317, 318 & 558 of 2005 3 issue back to the reference court. According to the learned counsel, the issue is now being reconsidered by the reference court in those cases. We feel, having regard to the submissions addressed before us by the learned counsel for the appellants, the learned standing counsel for the requisitioning authority and the learned Sr. Government Pleader, that since the issue is already before the reference court, the judgments impugned in these cases also can be set aside so that these reference cases can also be decided along with the other reference cases which are being considered pursuant to the order in LAA.No.1034/2005. 2. Accordingly we set aside the impugned judgments and decrees and remand LAR Nos.511, 508, 509 of 1997 and LAR No.1 of 1998 to the Subordinate Judge's Court, North Paravoor. That court is directed to take due regard to the judgment of this court in LAA No.1034/2005 while taking fresh decision. Opportunity is to be given to the parties to adduce further evidence. The reference court will take fresh decision on the basis of the entire evidence, if comes on record, at the earliest, at least within five months of receipt of a copy of this L.A.A. 280, 317, 318 & 558 of 2005 4 judgment. The appeals are allowed as above. Refund full court fee paid on the appeal memoranda to the counsel for the appellants. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/-