IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 LA.App..No. 1767 of 2008() -------------------------- LAR.47/2005 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): IST RESPONDENT ---------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM BY GOVT. PLEADER SRI.BASANT BALAJI SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS/ 2ND RESPONDENT ------------------------ 1. LATHA, D/O. THRESIA, T.C 77/637, KARUNIYA, CHACKAI, THIRUVANANTHAPURAM. 2. CONSON GOMEZ, S/O. AROGYAM, CHAKAI, THIRUVANANTHAPURAM. 3. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, JAYAMANSION, VAZHUTHACAUD, THIRUVANANTHAPURAM. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R3 SRI.LAL GEORGE FOR R1-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, ALONG WITH LAA NO. 1908 OF 2008 & CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A. Nos.1767,1855,1908,2118 & 2197/2008 ------------------------ Dated this the 22nd day of September, 2009 JUDGMENT Pius C.Kuriakose, J. L.A.A. Nos. 2118/2008, 1767/2008 & 2197/2008 are preferred by the Government. L.A.A. No.1908/2008 & 1855/2008 are preferred by the claimants. These cases pertain to acquisition of land in Pettah Village for the purpose of widening of Bakery – Palayam - Airport Road. Relevant Section 4(1) notification was published on 23/11/2003. The Land Acquisition Officer awarded land value at the rate of Rs.1,46,819/- per Are. In cases other than in L.A.R. No.62/2005(corresponding to L.A.A. No.2118/2008), the learned Subordinate Judge would refix the land value at Rs.3,00,000/- per Are. But, in L.A.R. No.62/2005, the learned Sub Judge would refix the land value at Rs.4,40,500/- per Are. 2. We have heard the submissions of the learned senior Government Pleaders Smt.Latha T.Thankappan and Sri.Basant Balaji on behalf of the Government and those of Sri.Lal George LAA.No.1767/2008 & others 2 on behalf of the claimants. Submission of the learned Government Pleaders was that the documents produced by the claimants were not relevant. The court judgments relied on by them pertain to other Acquisition in other villages and pursuant to other notifications. Sri.Lal George submitted that, having regard to the importance of the locality and the prevailing market value, the refixation of land value at Rs.3 Lakhs is not at all adequate. According to Sri.Lal George, this court may bring forth parity among the various claimants by allowing the appeals to the extent of refixing the land value at Rs.4,40,500/-, the rate granted by the reference court in LAR No.62/2005. According to him, if opportunity is given, the claimants will be able to prove that the market value of the property at the relevant time is even more than that. 3. Having considered the rival submissions addressed at the Bar as well as the view we have taken as regards other acquisitions of land in the same village at more or less the same time, we feel that refixation of market value at Rs.3 Lakhs cannot be said to be excessive. At the same time, we find some force in the submission of the learned Government Pleaders that the LAA.No.1767/2008 & others 3 documents relied on by the Learned Sub Judge for making such refixation were not quite relevant. We are, therefore, inclined to afford opportunity to both sides to adduce further evidence,so that the learned Sub Judge will be able to refix the market value on the basis of the legal evidence which comes on record. 4. The result of the above discussion is that the judgments and decrees under appeals are set aside. The LAR cases are remanded to the learned Sub Court and that court is directed to afford opportunity to both sides to adduce evidence. The Sub Court will pass revised judgment in all the LAR cases on the basis of the entirety of the evidence which comes on record. Parties will enter appearance before the Reference Court on 15/10/2009. Refund the court fee paid on L.A.A. Nos. 1855/2008 & 1908/2008 either to the appellants or to Sri.Lal George, learned counsel for the appellants. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk