IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 LA.App..No. 1698 of 2008(D) ------------------------------------- LAR.147/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.BASANT BALAJI RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT ------------------------- 1. SREEDHARAN, S/O. CHELLAPPAN, KANNATTUPURAYIDOM,CHOONDAVILA, PUTHICHA KONAM, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. V.SURESH KUMAR,S/O. VASUDEVAKURUP, MUDAVARATHU PUTHEN VEEDU, PUTHICHA KONAM, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER SEWERAGE PROJECT DIVISION, OBSERVATORY HILLS, THIRUVANANTHAPURAM. R3 BY ADV. SMT.AMBIKA DEVI, SC, KWA, THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A No. 1698 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of October, 2009 JUDGMENT Pius C. Kuriakose,J The respondents/Claimants have not chosen to enter appearance inspite of service of notice. The appeal pertains to acquisition of land in Sasthamangalam Village within the area of Thiruvananthapuram Corporation for the purpose of Kerala Water Authority. The relevant section 4(1) notification was published on 15.12.2001. The Land Acquisition Officer awarded land value at the rate of Rs.81,510/- per Are. Before the Reference Court, no documentary evidence was produced by the claimants to support their claim for enhancement of land value. All the documents which were produced by the claimants were to support their claim that they are the persons entitled for the enhanced compensation under deposit. The reference in question was one under section 18 as well as under section 31(2). Under the impugned judgment reliance was placed only on the oral testimony of AW1. The learned Subordinate Judge has enhanced the land value to Rs. 2,00,000/- per Are. The reference under section 31(2) is not L.A.A No. 1698 OF 2008 . : 2 : seen answered. 2. We are of the view that the learned Subordinate Judge was not justified in re-fixing the land value at the rate of Rs. 2,00,000/-per Are as the same is only on the basis of guess work. At the same time we feel that the market value of the land in question at the relevant time should be at least Rs. 1,15,000/-per Are. We are not inclined to decide the issue finally because this is a reference under section 31(2). Accordingly, we set aside the judgment and decree and remand the LAR to the Subordinate Judge's Court, Thiruvananthapuram. The learned Judge will answer the reference under section 18 as well as under section 31(2) of the Land Acquisition Act. The learned Subordinate Judge will have due regard to our finding that the market value of the property in Sasthamangalam Village is at least Rs.1,15,000/-. The appeal is allowed by way of remand. ( PIUS C. KURIAKOSE, JUDGE) (K. SURENDRA MOHAN, JUDGE) jma