IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 LA.App..No. 1233 of 2010() ------------------------------------- LAR.428/2008 OF III ADDITIONAL SUB COURT, ERNAKULAM .................... APPLICANT/CLAIMANT ---------------------------------- MARSILY, S/O.PALI, MOOZHITHOTTIL (H), KALAMASSERY, NJALAKOM KARA, THRIKKAKKARA NORTH VILLAGE, KANAYANNUR TALUK, KOCHI-683 103. BY ADV. SRI.K.S.BABU, SMT.N.SUDHA, SRI.VIPIN VISWAN. RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR POST-683 109. 2. THE CHAIRMAN, COCHIN PORT TRUST P.O., WILLINGTON ISLAND, COCHIN, PIN-682 009. R1 BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN. R2 BY ADV. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SMT.THUSARA JAMES. BY ADV. SRI.M.K.ABOOBACKER, SC. ADV. SRI.THOMAS ANTONY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2011, ALONG WITH LAA NO.1234 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.Nos.1233 & 1234 of 2010 ---------------------------------------------------- Dated this the 8th day of June, 2011 Judgment Pius C.Kuriakose, J. The claimants are in appeal. Their properties in Thrikkakkara North Village were acquired for the purposes of construction of flyover connectivity from NH-47 at Kalamassery to Vallarpadom Container Terminal. The acquisition was pursuant to Section 4(1) notification published on various dates including 28.12.2006. The Land Acquisition Officer awarded land value at the rate of Rs.4,22,222/- per Are. The reference court under the impugned judgment refixed the land value at Rs.4,81,481/- per Are. Thus the reference court awarded 14% enhancement over and above what was awarded by the Land Acquisition Officer. In these appeals the claimants have raised various grounds assailing what they describe as the gross inadequacy in the compensation redetermined. Learned counsel appearing on behalf of the requisitioning authority (2nd respondent) submitted before us at the very outset that on the facts of these cases, the National LAA 1233/10 &1234/10 2 Highways Authority of India should be impleaded as additional respondent in the LARs. as it is for them to pay the redetermined compensation. As directed by us, Mr.Thomas Antony, Standing Counsel for the NHAI appeared before us. He also agreed that as the funds will have to be paid by the NHAI, the NHAI should be allowed a say in the matter of redetermination of the market value. Therefore, we feel that there is justification for passing an order of remand directing the reference court to implead the National Highways Authority of India as an additional respondent in the LARs. As we find that the enhancement granted by the court below is not much, and the requisitioning authority or the Government cannot have any legitimate grievance regarding the same, there will be a direction that the remand order will become operative only if the entire amount presently decreed by the court below is remitted (if not already remitted) within three months. 2. The result of the above discussion is that the impugned judgment and decree in LAR Nos.428/2008 and 415/2008 are set aside and the LARs. are remanded to the court below. That court will implead the National Highways Authority of India represented LAA 1233/10 &1234/10 3 by its Project Director, 2B, Rak Tower, Edappally, Kochi-24 as an additional respondent in the LARs. and pass revised award after affording opportunity to all parties including the NHAI. Revised award will be passed by the court below at the earliest. The parties will appear before the court below on 30th June, 2011. As we notice some laches on the part of the claimant in the matter of adducing evidence before the court below, we direct refund of only 90% of the court fee paid on the appeals. The appeals are allowed as above. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 1233/10 &1234/10 4 LAA 1233/10 &1234/10 5