IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 LA.App..No. 1222 of 2000(A) --------------------------- LAR.395/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT - RESPONDENT -------------- STATE OF KERALA BY SR. GOVERNMENT PLEADER SRI P.K.BABU RESPONDENT - CLAIMANT --------------- MARIYUMMA, EZHUVANCHALIL HOUSE, KAYALAM, MAVOOR VILLAGE, KOZHIKODE TALUK. ADV. SRI.V.V.SURENDRAN FOR R SRI.P.A.HARISH FOR R THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 1222 of 2000 --------------------------------------------- Dated: JUNE 5, 2009 JUDGMENT Pius C. Kuriakose, J. This appeal by the Government pertains to acquisition of land in Mavoor village for the construction of regulator-cum- bridge across Chaliyar river. The relevant sec.4(1) notification was published on 29.12.1993. The land acquisition officer awarded land value at the rate of Rs.4728/- per cent which was re-fixed by the Reference Court at Rs.20,000/- per cent. 2. Heard the Sr. Government Pleader Sri P.K.Babu for the appellant and Sri K.P.Harish for the respondent. 2. Our attention was drawn by the learned Government Pleader to the common judgment of this Court in LAA 1039/2000 series and cross-objections. It is seen from that judgment that this Court, dealing with a large number of appeals pertaining to the same acquisition including cases where the awarding officer and the reference court had granted the same rate as in the present case, set aside the judgment of the reference court L.A.A. 1222 of 2000 2 noticing that in a connected matter (LAA 1251/2000) this Court had re-fixed the land value at Rs.16,000/- per cent. 3. In view of the order of remand passed in LAA 1039/2000 series and cross-objections, we are of the view that the issue should be decided afresh by the reference court. Therefore, we set aside the judgment and decree and remand LAR 395/1997 to the Subordinate Judge's Court, Kozhikode. That Court will afford opportunity to both sides to adduce evidence and will take a fresh decision in accordance with law. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/- L.A.A. 1222 of 2000 3 PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. ------------------------------ L.A.A. 1222 Of 2000 JUDGMENT ------------------------------ 5.6.2009