IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 LA.App..No. 449 of 2008() ------------------------- LAR.31/2002 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENTS ------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, RAILWAYS, KANNUR. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENT(S): CLAIMANT/RESPONDENT IN THE LAR --------------------------------------------- 1. KACHERI PUTHIYAPURAYIL SAHIDA, D/O.LATE MUHAMMED KUNHI, SHABANAS, C.H.COLONY, TALAP, KANNUR. 2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, KANNUR. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 SRI.A.MOHAMED MUSTAQUE FOR R1 SRI.KAUSER EDAPPAGATH FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, ALONG WITH LAA NO.1734 OF 2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.Nos.1734 & 1737/2007 and 449 & 1636/2008 ----------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Kurian Joseph,J. The former two appeals are filed by the claimant and the latter two by the State. Both are aggrieved by the fixation of land value by the reference court, namely, Sub Court, Thalassery. The acquisition is for the purpose of doubling of railway track. The property is situated in Kannur II village. The reference court fixed the land value at the rate of Rs.28,000/- relying on Exts.A2 and A3 judgments. Ext.A2 is in L.A.R.No.452/2001 and Ext.A3 is in L.A.R.Nos.35 and 36/2002. It is brought to the notice of this court that the State has not filed any appeals in respect of those cases. Therefore, there is no merit in the appeals filed by the State. 2. As far as the appeals filed by the claimant are concerned, the main contention is that there is no proper fixation of land value. The claimant produced Exts.A1 to A4 documents and they also took out a Commission. It is stated in the L.A.A.Nos.1734 & 1737/2007 and 449 & 1636/2008 -:2:- judgment that Ext.A1 is not comparable. No reason whatsoever is stated for such finding. It is seen that the submission of the Government Pleader was the basis for the finding that Exts.A2 and A3 are similar and comparable with the acquired land. But there is no reference at all to Ext.A4. Nor is there any reference to the Commission report. Learned counsel for the claimant submits that going by the locational importance of the locality and in view of the report of the Advocate Commission the claimant is entitled to land value at a higher rate. The centage value now fixed by the court is Rs.28,000/-. The claim, for the purpose of the appeal, is limited to Rs.50,000/- per cent and hence it is prayed that land value may be fixed at least at Rs.50,000/- per cent. Since the reference court has not appreciated the evidence adduced by the claimant and since there is not even a reference to Exts.A4 and X1 report of the Advocate Commission we are of the view that the matter requires fresh consideration by the reference court. Therefore, we set aside the judgment and decree in L.A.R.Nos.34/2002 and 23/2003 on the file of the Sub Court, Thalassery and remit the L.A.A.Nos.1734 & 1737/2007 and 449 & 1636/2008 -:3:- matter for fresh consideration in the light of the observations contained in this judgment. The reference shall be answered within a period of three months from the date of receipt of a copy of the judgment. L.A.A.No.449 of 2008 is dismissed. In view of the remand as above, the appellant in L.A.A.Nos.1734/2007 and 1737/2007 shall be entitled to refund of the court fee. Registry will transmit the records immediately. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.Nos.1734 & 1737/2007 and 449 & 1636/2008 ---------------------------- JUDGMENT 27th November 2008