IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 LA.App..No. 960 of 2009(D) -------------------------- LAR.79/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 --------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 ----------------------------------------------------------- 1. MANJULA S.R. "SREE RANGAM" ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, ELECTRONICS TECHNOLOGY PARK, (KERALA) KARIAVATTOM P.O. THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA(CAVEATOR) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.960 of 2009 ------------------------------------------------ Dated this the 26th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the Government and is directed against the judgment of the Land Acquisition Reference Court in a case pertaining to acquisition of land for the purpose of electronic Technopark at Kazhakkoottam. The acquisition was pursuant to Section 4(1) notification published on 17/12/03. The Land Acquisition Officer awarded land value at the rate of Rs.15,623/- per Are which was re- fixed under the impugned judgment by the Sub Court to Rs.1,04,400/- per Are. 2. We have heard the submissions of the learned L. A. A. No.960 of 2009 -2- Senior Government Pleader Mr.Basant Balaji and those of Smt.Hemalatha, counsel for the claimant/ respondent. Our attention was drawn to the judgment of this Court dt.08/04/09 in L.A.A.1332/08 and connected matters. It is seen that the above common judgment pertains to acquisition of land for the same purpose and pursuant to the very same notification. Under that judgment, we set aside the judgment and decree of the Reference Court and remanded the L.A.Rs to the Reference Court giving opportunity to all parties to adduce further evidence. For the various reasons stated in that judgment, the judgment impugned herein is also liable to be set aside. Accordingly, we set aside the judgment and decree impugned and remand L.A.R. No.79/06 to the Second L. A. A. No.960 of 2009 -3- Additional Sub Court, Thiruvananthapuram. The claimant will make available to the learned Subordinate Judge a copy of judgment dt.08/04/09 in L.A.A. No.1332/08 and connected cases. The learned Subordinate Judge will post the LAR for evidence and will permit the claimant to adduce further evidence, if necessary, by examining the parties connected to the documents relied on by them in support of their claim for enhanced value. In case the claimant adduces further evidence, the Reference Court will permit the Requisitioning Authority and the State to adduce counter evidence. The Reference Court will complete the enquiry and will pass the revised judgment taking into account the entire evidence coming on record at the earliest and at any rate within four months of L. A. A. No.960 of 2009 -4- receiving a copy of this judgment and copy of common judgment in LAA.1332/08. 3. This appeal is thus allowed, by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-