IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 LA.App..No.327 of 2008 ( ) ----------------------------------- LAR.297/2004 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------------------------ SPECIAL TAHSILDAR, LA INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT ------------------------------------------ 1. P.J.JAYALAL, T C 31/1583, CHACKAI VILAKOM, CHACKAI, THIRUVANANTHAPURAM (DIED). 2. UDAYAKUMARI, D/O.NALINI, RESIDING AT AURA NO.57, AKSHARAVEEDHI LANE, PETTAH VILLAGE, THIRUVANANTHAPURAM. 3. PINKYLAL, D/O.UDAYAKUMARI, RESIDING AT AURA NO.57, AKSHARAVEEDHI LANE, PETTAH VILLAGE, THIRUVANANTHAPURAM. 4. JAINLAL, S/O.P.J.JAYALAL, RESIDING AT AURA NO.57, AKSHARAVEEDHI LANE, PETTAH VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.R.MANOJ FOR R2 TO 4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2010, ALONG WITH LAA NO. 837 OF 2008 & LAA NO.908 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ---------------------------------------------------- L. A. A. Nos.327, 837 of 2008 & 908 of 2009 ---------------------------------------------------- Dated this the 31st day of March, 2010 JUDGMENT Pius C. Kuriakose, J The Government is in appeal in all these cases which pertain to acquisition of land in Pettah village for the purposes of the passenger terminal of the Thiruvananthapuram airport. The relevant section 4(1) notification was published on 04/02/99. In fact, the acquisition was in a large scale of excessive area. The Land Acquisition Officer categorised the properties into as many as 13 categories. The properties involved in these cases were included by the land Acquisition Officer in category 3 and a land value of Rs.91,867/- per L. A. A. Nos.327, 837 of 2008 & 908 of 2009 -2- Are was awarded. But what we notice from the impugned judgment is that the learned Subordinate Judge tried these reference cases along with other reference cases in which acquisition of properties included by the Land Acquisition Officer in category 1 and category 13 were also involved. Under the impugned judgments what the court below has done is to re- fix a uniform rate of Rs.2,96,400/- per Are for all the properties irrespective of the categories in which they were included. While we feel that it was unnecessary for the awarding officer to have divided the properties under acquisition into as many as 13 categories, we are unable to approve the action of the learned Subordinate Judge in L. A. A. Nos.327, 837 of 2008 & 908 of 2009 -3- having awarded the same rate that was granted for properties in category 1, the present properties which were in category 3 and the other properties which were in category 13. On that reason, we are inclined to interfere with the impugned judgments. We set aside the impugned judgments and remand the land acquisition reference cases to the Reference Court. The Reference Court is directed to re-appreciate the evidence and to pass revised judgments fixing the land value afresh keeping in mind that it is not proper to award the same rate for properties in category No.1, the properties in category 3 and properties in category 13. It should be remembered that properties in category 3 is L. A. A. Nos.327, 837 of 2008 & 908 of 2009 -4- inferior to those in category 1; that the properties in category 13 is still inferior to those in category 3. The revised judgment will be passed by the learned Subordinate Judge at his earliest and at any rate, within two months of receiving a copy of this judgment. All these appeals are thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-