IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 LA.App..No. 220 of 2004(D) -------------------------- LAR.43/2001 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): CLAIMANT: ----------------------- PIUS, S/O. JOSEPH, RESIDING AT ALAPPATTU PALATHINGAL HOUSE, MANAGING PARTNER, NEW WELFARE BANKERS, WADAKKANCHERRY. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): RESPONDENT: -------------------------- THE DISTRICT COLLECTOR, THRISSUR. BY GOVT.PLEADER SRI.BASANAT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No. 220 OF 2004 ------------------------ Dated this the 19th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal and his grievance is that the reference court did not award any enhancement in his reference under Section 18 of the Act. He relied on Ext.A1 sale deed alone in support of his claim for enhancement. Ext.A1 was not relied on by the learned Subordinate Judge and according to us, it was on good reasons. 2. We have heard the submissions of Sri.K.R.Sreekanth, learned counsel for the appellant and also those of Sri.Basant Balaji, the learned senior Government Pleader for the respondent. At the Bar, a copy of the common judgment of the reference court in L.A.R.Nos.17/2001 series was placed before us. The learned counsel for the appellant argued that atleast proportionate enhancement, based on the enhancement granted under that common judgment, should be granted to the L.A.A..No.220/2004 2 appellant. The learned Government Pleader fairly conceded that in other cases pertaining to the very same acquisition enhancement has been granted and such enhancement has been approved by this court. 3. Under the above circumstances, we are of the view that opportunity can be given to the appellant for producing further evidence including judgments of the reference court and of this court pertaining to the same acquisition. Accordingly, allowing this appeal, we set aside the impugned judgment and decree and remand L.A.R. No.43/2001 back to the learned Subordinate Judge's Court, Thrissur. That court will afford opportunity to both the parties to adduce further evidence to substantiate his contentions. If evidence is produced by the claimant, that court will permit the Government to adduce counter evidence. The court will pass revised judgment on the basis of the entire evidence which comes on record at the earliest and at any rate within four months of receiving a copy of this judgment. This appeal will stand allowed by way of remand. Refund L.A.A..No.220/2004 3 full court fee paid on the appeal memorandum to the counsel for the appellant. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk