IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 LA.App..No. 303 of 2004() ------------------------- APPELLANT(S): 2ND RESPONDENT ---------------------------- THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY THE REGISTRAR. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE RESPONDENT(S): 1ST RESPONDENT AND CLAIMANTS ------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. OUSEPH VARGHESE, PADAYATTY HOUSE, KALADY, ERNAKULAM DISTRICT. ADV. SRI.C.S.NARAYANAN NAIR FOR R2 GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009 ALONG WITH L.A.A.Nos. 283,610, 1026, 1027 ,1028, 1117 OF 2005 & 26,28,97,217, 237,343,345, 599,634, 635,638,674 OF 2006 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos. 303 OF 2004, 283,610, 1026, 1027 1028, 1117 OF 2005 & 26,28,97,217, 237,343,345, 599,634, 635,638,674 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. All these appeals pertain to acquisition of land in Kalady village in Ernakulam district for the purpose of Sree Sankaracharya University of Sanskrit , Kalady. The relevant Section 4(1) notifications were published on 22/04/1994 and 17/08/1993. Since the claimant/ land owners were dis-satisfied with the compensation awarded by the land acquisition officer, at their instance, references were made to the Sub Court, North Paravur under Section 18 of the Land Acquisition Act. The reference court in the first instance granted cent percentage enhancement over what was awarded by the land acquisition officer. The University- the requisitioning authority preferred a writ petition contending that they who were necessary parties were not made parties. In the meanwhile, the claimants also preferred appeals. 2. This court considering the writ petition as well as the LAA.No.303/04 & connected cases 2 claimants' appeal, passed an order of remand directing the reference court to take a fresh decision after impleading the University. This was by judgment in O.P.No.2804/2002. Pursuant to that, the reference court impleaded the requisitioning authority and passed revised judgment. Under the revised judgment also, cent percentage enhancement was granted in four or five cases. While the rate of enhancement was reduced to 45% in most of the other cases. The claimants preferred appeals in those cases where enhancement was granted only 45% over the rate granted by the land acquisition officer. The University preferred appeals mostly in cases where cent percentage enhancement had been granted. In a few cases where only 45% enhancement was granted also, University preferred appeals. University's appeals in cases where only 45% increase was granted were confined to properties in the higher categories. 3. We are given to understand that this court considering the appeals preferred by the claimants have set aside the judgment of the reference court where only 45% enhancement over the rate granted by the land acquisition officer and passed an order of open remand to the LAA.No.303/04 & connected cases 3 reference court. In fact it is also brought to our notice that considering the order of remand passed in appeals preferred by the claimants, this court has also passed similar orders of remand in appeals preferred by the University also. Now that the issue of determination of the correct market value of the properties acquired for the purpose of Sree Sankaracharya University of Sanskrit, Kalady is before the reference court and the reference court is reconsidering that issue pursuant to the order of remand passed by this court. We are of the view that it is necessary to interfere with the judgments and decrees impugned in all these appeals so that the reference court can have fresh decision in these cases also. 4. It is fairly conceded by the standing counsel for the University that this court by judgment in L.A.A.No.342/04, 24/06 and 23/06 which were appeals preferred by the University has confirmed enhancement of 45% granted by the reference court. Therefore it has to be found that the decision of the reference court granting 45% enhancement has attained finality. 5. The result is that L.A.A.No.,610, 1027 1028, 1117 of 2005 LAA.No.303/04 & connected cases 4 & 26,28,97, 217,343,345, 634, 635,638,674 of 2006 will stand dismissed. The judgments and decrees impugned in all the other appeals are set aside. The LAR cases in those cases are remanded to the reference court. The reference court will give opportunity to both parties in all those LARs to adduce further evidence. The reference court will pass revised judgment on the basis of the entire evidence which came on record. Refund the full court fee paid on the appeal memos to the appellants in the cases which are being remanded by this judgment. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.303/04 & connected cases 5