IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 LA.App..No. 1229 of 2005(B) -------------------------- LAR.3/1998 of PRINCIPAL SUB COURT,N.PARAVUR .................... APPELLANT(S): CLAIMANT ---------------------- KUSUMAKUMARI, W/O.GOPINATHAN, PUNNAKKATTU HOUSE, KALADY, ALUVA TALUK. BY ADV. SMT.ROSE MICHAEL RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA. 2. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY THE REGISTRAR. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN SRI.P.K.VIJAYAMOHAN, SC. SREE SANKARA UNIVERSITY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, A/W LAA.1495/05 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. Nos.1229 & 1495 of 2005 & L. A. A. No.350 of 2006 ------------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT Pius C. Kuriakose, J These appeals are preferred by the claimants whose lands were acquired for the purposes of Sree Sankaracharya Sanskrit University at Kalady. Under the impugned judgments, the Reference Court has re- fixed the land value with the result that the enhancement in land value given to the claimants is limited to 45% of what was awarded by the Land Acquisition Officer. We had occasion to deal with a large number of other appeals preferred against the judgments of the same Reference Court in respect of the same acquisition filed by the claimants as well as L. A. A. Nos.1229/2005 & con. cases -2- by the Requisitioning Authority. L.A.A Nos.283/05, 280/05 and 317/05 were all appeals preferred by the claimants where the Reference Court had enhanced the land value only by 45%. By judgments in those appeals, this Court set aside the awards of the Reference Court and remanded the L.A.Rs to the Reference Court giving opportunity to both sides to adduce fresh evidence and directing Reference Court to pass revised judgment. Following the decision taken in those appeals, we are of the view that the judgment and decree impugned in these appeals can be set aside and the LARs remanded to the Reference Court. Accordingly, we set aside the judgment and decree under these appeals and remand LAR Nos.263/00, 16/00 and 3/98 to the Subordinate Judge's Court, North Paravur. That court will allow both sides to L. A. A. Nos.1229/2005 & con. cases -3- adduce further evidence, if they choose to. Revised judgments will be passed on the basis of the entire evidence which comes on record, by the Reference Court, at the earliest and at any rate, within four months of receiving a copy of this judgment. Refund full court fee on the appeal memo to the learned counsel for the appellants. These appeals are thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-