IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 LA.App..No. 143 of 2009() ------------------------- LAR.151/2005 of PRL.SUB COURT, THALASSERY .................... APPELLANT/RESPONDENT NO.2: -------------- MANAGING DIRECTOR, KSIDC REP. BY ASSISTANT GENERAL MANAGER, KSIDC KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENTS/CLAIMANT & R1: --------------- 1. KALIYARAMBAN PUSHA, W/O.RAVEENDRAN, PUSHPAGIRI, PO.MOORIYAD. 2. GOVERNMENT OF KERALA, REP. BY THE DISTRICT COLLECTOR, KANNUR. ADV. SRI.V.V.ASOKAN FOR R1 SRI.P.P.RAMACHANDRAN FOR R1 R2 BY SR. GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, ALONG WITH LAA. NO. 454/09 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.143,454,460,461,462,463/2009 ------------------------ Dated this the 30th day of July, 2009 JUDGMENT Pius C.Kuriakose, J. All these appeals pertaining to the award of the land acquisition reference court, Thalassery, in cases of acquisition of lands in Kuthuparamba Village for the purpose of widening of the road leading to Industrial Growth Centre at Valiyavelicham. It is seen that under the impugned judgments, the learned Sub Judge has refixed the value of the lands under acquisition at different rates without keeping in mind the ratio maintained by the land acquisition officer in his award between the values of the lands acquired. One of us (PCK(J)) had occasion to deal with appeals directed against a number of similar judgments passed by the reference court and by judgment in K.S.I.D.C. v. Vayalambron Krishnan (2008 (4) KLT 727), judgments of the reference court were set aside and the LAR cases were remanded to the reference court for taking fresh decision. The reasons stated in that judgment, in our view, are good reasons for interfering with the impugned judgments also . LAA.No.143/2009 & conn.cases 2 2. Accordingly, we set aside the judgments and decrees under appeals and all the LAR cases will go back to the reference court. That court will afford opportunity to all the parties including the claimants to adduce evidence for substantiating their rival contentions. While taking fresh decision, the reference court should not be influenced either by the reasons stated in the impugned judgments or by the circumstance that the impugned judgments have been set aside by us under this judgment. This remand is an open one and the reference court will take fresh decision on the market value of the properties under acquisition on the basis of the totality of the evidence which comes on record before that court. Since we are of the view that value awarded by the land acquisition officer is inadequate, we feel that there is justification for granting enhancement over what was awarded by the land acquisition officer. Hence we are inclined to impose a condition that all the claimants be paid 50% of the decree debt due under the impugned decrees within six weeks from today. But we make it clear that such payments will be subject to the final outcome of the LARs. LAA.No.143/2009 & conn.cases 3 Refund the full court fee remitted by the appellant on the memorandum of appeals to the counsel for the appellant. Parties will appear before the reference court on 17/8/2009. The appellants are directed to place a copy of the Judgment in K.S.I.D.C. v. Vayalambron Krishnan (supra) before the reference court. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk