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 10TH AUGUST 2011 / 19TH SRAVANA 1933 LA.App..No. 384 of 2011() ------------------------- LAR.81/2001 of SUB COURT, KASARAGOD .................... APPELLANT(S): CLAIMANT ---------------------- DAINABI, W/O.ABDUL RAHIMAN, KAPPIL, UDMA PADINHAR P.O., UDMA VILLAGE, KASARAGOD. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): REFERRING OFFICER AND REQUISITIONING AUTHORITY ------------------------------------------------------------- 1. THE SPECIAL TAHSILDAR (LAND ACQUISITION) KASARAGODE. 2. THE MANAGING DIRECTOR, BEKAL RESORTS DEVELOPMENT CORPORATION LTD., PALAMUKKU, P.O.BEKAL. BY GOVT.PLEADER SRI.M.R.SABU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 384 OF 2011 ------------------------ Dated this the 10th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant, whose properties in Kalanad village were acquired for the Bekal tourism project pursuant to Section 4(1) notification published on 13/6/2000, is aggrieved by the award passed by the Reference Court. The Land Acquisition Officer categorised the properties into dry lands and garden lands. For the garden lands, the LAO awarded value at the rate of Rs.3260/- per cent. For the dry lands, he awarded value at the rate of Rs. 1877/- per cent. Before the Reference Court, the only evidence adduced by the claimant was her own oral evidence as AW1 and Ext.X1 report submitted by the commissioner. The learned Subordinate Judge noticed that the main claim was that the awarding officer did not award the same rate for the entire property under acquisition. Under the impugned award, the learned Subordinate Judge has upheld the above claim and awarded rate of Rs.3260/- per cent for the properties which were L.A.A.No.384/2011 2 treated by the Land Acquisition Officer as dry lands. 2. In this appeal various grounds are raised and Sri. Subhash Syriac learned counsel for the appellant submitted that in connected cases the same Reference Court has refixed the land value for garden lands at Rs.8,000/- per cent. According to him, the appellant was prevented due to the good reason that she is not producing the above judgments before the Reference Court. The learned counsel requested that an opportunity be given to the appellant for producing all the relevant documents. 3. Even though the above request for remand was opposed by the learned Government Pleader Sri.M.R.Sabu, we are inclined to grant opportunity on considerations of justice imposing proper conditions. 4. Accordingly, we set aside the judgment and decree and remand L.A.R. No.81/2001 to the Subordinate Judges Court, Kasaragod. That court is directed to permit the appellant to produce documents including the judgments in connected matters for substantiating her claim that the correct market value of the property under acquisition is more that what is awarded. If the claimant produces documents, the respondent also should L.A.A.No.384/2011 3 be permitted to produce documents. The learned Subordinate Judge will pass the revised award on the basis of the entire evidence which comes on record. 5. It is however, ordered that this judgment remanding the matter to the Reference Court becomes operative only subject to the following conditions; i). If under the revised award, the appellant becomes eligible for enhanced compensation over and above what is presently awarded, such enhancement will not carry interest under Section 28 during the period from 31/10/2003 till the date of the revised award. ii). The appellant will pay a sum of Rs.3,000/- to the High Court Legal Services Committee within ten days from today and produce receipt before the Reference Court. iii). No portion of the court fee remitted will be refunded to the appellant. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk