IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 LA.App..No. 577 of 2011(D) -------------------------- LAR.199/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- KRISHNAN NAIR, S/O.KRISHNA PILLAI, MUDUMBIL PUTHEN VEEDU, VAYYAMOOLA, PETTAH, THIRUVANANTHAPURAM BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM – 695 007. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY. POST BOX NO.5424, VIKAS BHAVAN (P.O), MUSCOT SQUARE, THIRUVANATHAPURAM – 695 033 (DELETED AND SUBSTITUTED) 3. THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, P.B.NO.5424, VIKAS BHAVAN P.O, MUSCOT SQUARE, THIRUVANANTHAPURAM – 33 THE 2ND RESPONDENT IS DELETED FROM THE ARRAY OF PARTIES AND SUBSTITUTED AS ABOVE VIDE ORDER DTD.12.10.2011 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- L.A.A No.577 of 2011 -------------------------------------------------- Dated this the 19th day of December, 2011 J U D G M E N T Pius C. Kuriakose, J The claimant is in appeal. His property in Petta village was acquired for the construction of new International Passenger Terminal at Chackai, Thiruvanathapuram, pursuant to Section 4 (1) notification published on 4.2.1999. He was awarded land value at the rate of Rs.75,105/- per Are. Ext.A1, another judgment of the reference court was the only document upon which he placed reliance before the reference court. The same reflected a land value of Rs.1,11,150/- per Are. Relying on the above document the court re-fixed the land value at Rs.1,11,150/- per Are. 2. In this appeal the ground raised by him is that in L.A.A No.1944/2008 pertaining to the acquisition of identical lands this Court has re-fixed the land value at Rs.2,25,000/- per Are. Hence the request of Mr.Gopakumar R.Thaliyal, the learned counsel for the appellant was that the above judgment be followed and the market value will be re-fixed at Rs.2,25,000/- per Are. L.A.A No.577 of 2011 2 3. Mr.C.R.Shyam Kumar, the learned Government Pleader does not agree. He referred to various other judgments of this Court pertaining to acquisition of land in Petta Village itself for the very same purpose. He submitted that the maximum enhancement that can be granted is by re-fixing the value by 90% more than the land value awarded by the Land Acquisition Officer. So this appeal can be allowed to the extent of re-fixing the market value of the land at Rs.1,42,700/- per Are. 4. We enquired of Mr.Gopakumar R.Thaliyal, the learned counsel for the appellant as to whether the appellant will be satisfied Rs.1,42,700/-. He submitted that the appellant is eligible for Rs.2,25,000/- per Are itself. According to Mr.C.R.Shyam Kumar, the property for which the value re-fixed at Rs.2,25,000/- was in a superior category. 5. Having given our anxious consideration to the rival submissions addressed at the Bar, we are not inclined to take a final decision on the issue. The only item of evidence before the reference court was Ext.A1. The appellant has been awarded value based on Ext.A1. If the appellant wants to rely on the subsequent judgments of this Court he should convince the reference court that the property involved in the present appeal is comparable to the properties covered by those judgments. We L.A.A No.577 of 2011 3 therefore set aside the judgment and decree under appeal and remand L.A.R.No.199/2000 to the reference court. 6. The reference court is directed to pass a revised award after giving an opportunity to both sides to adduce whatever further evidence they want to. However, as we notice laches on the part of the appellant in the matter of adducing proper evidence before the lower court we order that if under the revised award the appellant become eligible for enhanced compensation over what is presently awarded such enhanced compensation will not carry interest under Section 28 during the period from 30.11.2007 till 19.12.2011. The registry is directed to refund Rs.10,000/- to Mr.Gopakumar R Thaliyal out of the court fee paid. The parties will enter appearance before the reference court on 3.1.2012. The learned Sub Judge will expedite matters and pass revised award within four months thereafter. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab