IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 LA.App..No. 252 of 2010(C) ------------------------------------- LAR.280/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): 1ST RESPONDENT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANT & R2 ------------------------------------------------- 1. AMALA LAWRENCE, TC 12/1697, UTHALAMMOOTTIL, UNIVERSITY ROAD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 2. MATHEW LAWRENCE, TC 12/1697, UTHALAMMOOTTIL, UNIVERSITY ROAD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 3. MANJU ALEX, TC 12/1697, UTHALAMMOOTTIL, UNIVERSITY ROAD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 4. MANU LAWRENCE, TC 12/1697, UTHALAMMOOTTIL, UNIVERSITY ROAD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 5. MINU LAWRENCE, TC 12/1697, UTHALAMMOOTTIL, UNIVERSITY ROAD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 6. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R6 SRI.L.MOHANAN FOR R1-5 GOVT. PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.252 of 2010 ------------------------------------------------ Dated this the 25 th day of February, 2011 JUDGMENT Pius C. Kuriakose, J The Government challenges in this appeal re-fixation of market value of the land as well as of the building which existed on the land that was acquired. The acquisition was of land in Vanchiyoor village and the purpose of acquisition was for widening of Palayam-Airport Road. The Land Acquisition Officer awarded land value at the rate of Rs.2,71,107/- per Are. The Reference Court under the impugned judgment re-fixed the value at Rs.17,31,306/- per Are. There was a building on the acquired property for which the Land Acquisition Officer awarded a total compensation of Rs.2,49,777/-. The Reference Court under the impugned judgment has awarded a further amount of Rs.3,53,991/- towards building value. 2. We have heard submissions of Smt.T.T.Josephina, the learned Government Pleader and the learned counsel for the L. A. A. No.252 of 2010 -2- claimants. Our attention is drawn by the learned Government Pleader to the judgment of this Court in LAA.467/08. We are of the view that on the basis of the above judgment, the market value of the land under acquisition has to be reduced to Rs.16,16,000/- per Are. It is accordingly reduced. 3. Enhancement was given towards value of building by the learned Sub Judge relying on Ext.C1 Commission Report and Ext.C1(a) plan. But we notice that the above Commissioner was appointed not by the Reference Court but by the local Munsiff's Court in a suit. In all probability, it was without notice to the Government and the TRIDA that the Commissioner conducted the inspection. At any rate, in our view Exts.C1 and C1(a) have not been properly proved by examining the Commissioner or the Engineer. What the court below has done is to accept the Engineer's recommendation in full. What is done is in our view not proper. We set aside the judgment and decree to the extent it pertains to award of enhanced value for the building. The LAR is remanded to the II Additional Sub Court, Thiruvananthapuram for re-determining the correct compensation payable for the L. A. A. No.252 of 2010 -3- building which existed on the property. The claimants will have the liberty of adducing evidence for substantiating the Commissioner's Report. The revised award determining the correct market value of the building will be passed by the learned Subordinate Judge within one month of the court re-opening after summer holidays. Parties will enter appearance before the court below on 16/03/11. 4. This appeal, is thus allowed by way of remand. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-