IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH DAY OF JULY 2011/24TH ASHADAH 1933 LA.App..No. 1221 of 2007 ( ) ---------------------------- LAR.2/2004 of PRINCIPAL SUB COURT,ALAPPUZHA APPELLANT(S): ------------ V.M.JOSEPH @ MATHEW JOSEPH, VADAKKEKKALTHIL HOUSE, SEA VIEW WARD, ALAPPUZHA. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): -------------- THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SRI. ALOYSIUS THOMAS. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15-07-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.814 & 1221 of 2007 ------------------------------------------------ Dated this the 15th day of July, 2011 JUDGMENT Pius C. Kuriakose, J Both these appeals are preferred by the claimants whose properties in Mullackal village of Ambalappuzha Thaluk were acquired for the purpose of Inland Waterways Authority of India complaining that the market value re- determined by the Reference Court is inadequate. Though several grounds have been raised and Sri.A.Krishnan, the learned counsel for the appellants sought leave to urge arguments based on those grounds, we are not inclined to examine the merits of those grounds. We notice that the Requisitioning Authority, the Inland Waterways Authority of India was not made a party either before the Reference Court or in these appeals. In view of the judgment of this L. A. A. Nos.814 & 1221 of 2007 -2- Court in Steel Authority of India Ltd. v. State of Kerala (1995(2) KLT, 683) the Requisitioning Authority has to be given an opportunity to participate in the enquiry relating to determination of the market value of the acquired property as it is for the Requisitioning Authority to provide the Government with funds for paying compensation. On that reason, we set aside the judgment and decree under appeal and remand LAR Nos.1/04 and 2/04 to the Subordinate Judges Court, Alappuzha. The learned Sub Judge is directed to implead the Inland Waterways Authority of India, the Requisitioning Authority as an additional party in the reference cases and issue notice to that authority. The fresh award will be passed after affording opportunity to all parties (the appellants, the Requisitioning Authority and the Government) for adducing whatever evidence necessary for substantiating their rival contentions. Needful in compliance with these directions will be done by the learned L. A. A. Nos.814 & 1221 of 2007 -3- Subordinate Judge within four months of receiving a copy of this judgment. As we notice some laches on the part of the appellants in the matter of not bringing this crucial aspect to the notice of the Reference Court, we are not inclined to order refund of the full court fee. Registry will refund only 75% of the court fee remitted on the appeal memorandum to the counsel for the appellants. These appeals are thus allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-