IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 LA.App..No. 248 of 2009() ------------------------- LAR.122/2007 of SUB COURT, PALA .................... APPELLANT(S): -------------- SUBIN JACOB, KAROTTUPULLOLIL, THALAPPALAM KARA, ERATTUPETTA. BY ADV. SMT.S.SIBHA SRI.JOSEPH T.JOHN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 248 OF 2009 ------------------------ Dated this the 26th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. The learned Government Pleader Sri.Basant Balaji takes notice on behalf of the respondent. We have heard the submissions of Smt.S.Sibha, learned counsel for the appellant and the learned Government Pleader. 2. The learned counsel for the appellant would submit that the appellant was a student at Bangalore and on the day the case posted before the reference court, he was in Bangalore in connection with study and was not in a position to get in touch with his lawyer. The counsel submitted that if an opportunity is given, the appellant will be able to adduce evidence which will justify enhancement of the market value determined by the awarding officer considerably. The learned Government Pleader submitted that even if this court is inclined to pass an order of remand, the same may not be made unconditionally. 3. We feel, having heard the submissions, that an opportunity should be afforded to the appellant. Accordingly, we L.A.A..No.248/2009 2 set aside the judgment and decree under appeal and remand the L.A.R.122/2007 back to the Subordinate Judge's Court, Pala for fresh decision after permitting both sides to adduce evidence. However, we are inclined to do so only on conditions. Accordingly, the appeal is disposed of issuing following directions: i). The judgment and decree under appeal are set aside. L.A.R. No.122/2007 is remanded back to the Subordinate Judge's Court, Pala. The parties will appear before that court on 20/3/2009. ii). The learned Subordinate Judge will afford an opportunity to the appellant and also to the respondent to adduce whatever evidence they want to in substantiation of their rival contentions and will pass revised judgment on the basis of the evidence which comes to be adduced. We further make it clear that this order will become operative and effective only subject to the following conditions; 1). The appellant pays a sum of L.A.A..No.248/2009 3 Rs.1,000/-(Rupees One Thousand only) by way of costs to the respondent through the office of the Advocate General within three weeks and produce receipt before the Subordinate Judge's Court. 2). In the event of the reference being answered in favour of the appellant and the appellant becoming entitled for enhanced compensation, such enhanced compensation will not carry interest at the rates admissible under Section 28 of the Act during the periods from 31/7/2007 to 26/2/2009. The learned Subordinate Judge will states so in his judgment and decree also. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk