IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 LA.App..No. 844 of 2007(A) -------------------------------------- LAR.NO.13/2000 OF SUB COURT, MANJERI. .................... APPELLANT/ RESPONDENT IN THE L.A.R: ------------------------------------------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, MALAPPURAM. BY SR. GOVERNMENT PLEADER MR. P.K. BABU. RESPONDENT/ CLAIMANT IN THE L.A.R: ---------------------------------------------------------- DR.SAROJINI KRISHNAN,RAM NIVAS, SANGEETHA ROAD, PERINTHALMANNA. BY MR.U.K.RAMAKRISHNAN, SENIOR ADVOCATE, ADV. MR.DEVIDAS.U.K. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A. APP.NO.844/2007-A: ORDER ON I.A. NO. 2171/2007 IN L.A.APP. NO. 844/2007-A DISMISSED SD/- PIUS C.KURIAKOSE, JUDGE, 23/09/2009. SD/- K. SURENDRA MOHAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.844 of 2007 ------------------------------------------- Dated this the 23rd day of September, 2009 JUDGMENT Pius C.Kuriakose,J. The land involved in this appeal was included in category-D by the Land Acquisition Officer. We are unable to approve the action of the learned subordinate judge in treating the properties in categories B, C & D to be of the same value. According to us, there has to be a difference in the value of properties in categories B, C and D. 2. It is argued by the learned counsel for the respondent/claimant that there is evidence to hold that, that property was enjoying the frontage of road. According to him, RW1, the principal witness of the Government himself conceded that the property was enjoying road frontage. Under the above circumstances, we are inclined to set aside the judgment under appeal and remand the LAR to the reference court. The reference court will afford opportunity to both sides to adduce further evidence on the issue as to whether the LAA No.844 of 2007 2 properties under acquisition was enjoying frontage of road. If the enquiry reveals that the property was enjoying road frontage, the learned subordinate will include the property in category-C and award land value of Rs.26,730/-. The parties will appear before the reference court on 26.10.2009. We confirm the award passed by the learned subordinate judge towards compensation for injurious affection. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/