IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 LA.App..No. 258 of 2003() ------------------------- LAR.538/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ 1. STATE OF KERALA 2. EXECUTIVE ENGINEER, G.H.DIVISION, CALICUT BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS --------------- 1. K.P.BHARATHAN, KERALA BHAVAN, G.H.ROAD, CALICUT. 2. K.P.PRABHAKARAN, KERALA BHAVAN, G.H.ROAD, CALICUT. 3. K.P.SOBHANA, RATNA NIVAS, KURIAL LANE, KOZHIKODE. 4. K.P.TESSY, RATNA NIVAS, KURIAL LANE, KOZHIKODE. 5. K.P.RETNA SINGH, RETNA NIVAS, KURIAL LANE, KOZHIKODE. 6. K.P.BHAGATH SINGH, RETNA NIVAS, KURIAL LANE, KOZHIKODE. (DIED) LAA.No.1238/07 7. K.P.NARAYANI W/O. LATE KORUKUTTY, KATHERI AMSOM, DESOM, KOZHIKODE. (DIED) Additional respondents 8. SOPHY KNOWN AS CHALSA MARIA KURISINKAL, ELLOTTUPARAMAMBA NARAYANI ROAD PUTHIYARA, CALICUT ( WIFE) 9. SHOBHIKA, -DO- ( DAUGHTER) 10. GOPIKA, -DO- (DAUGHTER) ADV. SRI.M.P.SREEKRISHNAN FOR R1 SMT.SHAHNA KARTHIKEYAN FOR R1 SRI.JOHN VARGHESE FOR R.5 SRI.K.S.SAJEEV KUMAR FOR R.5 Additional respondents 8 to 10 impleaded as the LRs of the deceased 6th respondent vide order dated 19-9-07 in I.A.No.1238/07. It is recorded that the 7th respondent in the appeal K.P.Narayani died on 3-7-05 and the respondents 1 and 2 are the legal heirs of the deceased 7th respondent vide order dated 10-01-2007 in the memo filed by the government pleader. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - LA.A .No.258 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Kasaba village in Kozhikode Taluk for the purpose of strengthening the sharp curve at Muthalakulam junction. The relevant section 4(1) notification was published on 26-11-1993. The land acquisition officer awarded land value at the rate of RS. 41,850/- per cent. The reference court relying mainly on Ext.A1 judgment in L.A.R.No.159/1997 would refix the land value at Rs. 2,00,000/- per cent. 2. In this appeal, the government impugns such refixation on various grounds. We have heard the submissions of Sri.Basant Balaji, learned senior Government Pleader for the appellant and those of Smt.Shahana Karthikeyan and Sri.P.M.Joseph, learned counsel for the claimant respondents. While the learned senior Government Pleader would assail the impugned judgment on the various grounds raised in the appeal, the learned counsel for the respondents would support the LAA.No.258/2003 2 impugned judgment on the various reasons stated in the judgment and Ext.A1 judgment relied on, according to them, is a relevant judgment. 3. We have considered the rival submissions addressed at the Bar. Our attention was drawn to the common judgment of this court in L.A.A.No.582/2000 & 351/2002. It is seen that the above two land acquisition appeals pertain to acquisition of land situated nearby and in close proximity. It is seen that in L.A.A.No.351/2002 pertains to the very same acquisition. It is also seen that the land acquisition officer had awarded the same value as in the present case in those cases and the reference court also refixed the land value as the same rate under the present case. Under the common judgment, this court has set aside the judgments which were subject matter of L.A.A.No.582/2000 and remanded those two cases, however, making an observation that the correct market value at the relevant time is at any rate above Rs. l lakh per cent. It is an open remand which has been passed by this court in L.A.A.No.582/2000 &351/2002 and in view of that remand order, we are of the view that this impugned judgment is also liable to be set aside and the reference case remanded to the reference court. LAA.No.258/2003 3 Accordingly, we set aside the impugned judgment and decree and remand L.A.R.No.538/1997 to the Subordinate Judge's Court, Kozhkide. That court will take a fresh decision in the L.A.R regarding the correct market value of the property under acquisition giving opportunity to both sides to adduce further evidence, if they so choose. Transmit a copy of the common judgment in L.A.A.No. 582/2000 &351/2002 also to the Subordinate Judge's Court. The learned Subordinate Judge will complete the enquiry and pass revised judgment at his earliest and at any rate within four months of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.258/2003 4