IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 LA.App..No. 1425 of 2008() -------------------------- LAR.311/2004 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT ---------------------- VARGHESE SEBASTIAN, AGED 46 YEARS, S/O.VARGHESE, POOPPATHU VELIYIL, PATTANAKAD.P.O. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA STATE REP.BY SPECIAL TAHSILDAR, (L.A), INDUSTRIAL GROWTH CENTER, CHERTHALA. 2. MANAGING DIRECTOR, K.S.I.D.C., THIRUVANANTHAPURAM. ADV. SRI.D.KRISHNANKUTTY PILLAI FOR R2 GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1425 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2009 JUDGMENT Pius.C.Kuriakose, J. Heard Smt.Jeena Joseph, learned counsel for the appellant Sri.D.Krishnankutty Pillai, learned counsel for the requisitioning authority and Sri.P.K.Babu, learned senior Government Pleader for the State. It appears to us that the appellant has a genuine grievance. The appellant's property in Pallippuram village of Cherthala Taluk was acquired for the establishment of Industrial Growth Centre at Pallippuram at the instance of the KSIDC. The appellant relied on Ext.A1 judgment which was approved by this court as well as by the Supreme Court of India. But the reference court refused to rely on Ext.A1 on the reason that the title document under which the appellant purchased the property was executed only a few days prior to the section 4(1) notification and that the said document reveals only a much lesser value. According to the reference court, the appellant is bound by the recitals in his own title document. We cannot agree. LAA.No.1425/08 2 Under Section 18 of the Land Acquisition Act, the issue which had been referred to the reference court is the issue of determining the correct compensation payable for the acquired property. Before the reference court the claimants occupied the position of plaintiffs and the requisitioning authority and the State occupied the position of defendants. Like other plaintiffs, the claimants produced documents including Ext.A1. Under Ext.A1 other parties who had been awarded the same value as had been awarded to the appellant for the acquired properties by the land acquisition officer had been given much higher values. 2. One of the legislative objectives which underlie sections 28 of the Land Acquisition Act is that parties who have been treated equally for payment of the original compensation by the land acquisition authority should be treated equally by the reference court also. The reference court in our opinion was not justified in refusing to refix the land value on the reason that the title document of the claimant reveals a much lesser value than what was awarded by the land acquisition officer. Title document of the appellant was only one LAA.No.1425/08 3 of the items of evidence. As against that, there was a judgment passed by the same court on the evaluation of the entirety of evidence which had come before the court considering the case leading to Ext.A1. According to us, Ext.A1 should have been given probative value by the reference court. We do not want to decide the issue finally. We set aside the judgment and decree under appeal and remand L.A.R.No.311/04 to the Subordinate Judge's Court, Cherthala. That court will pass the revised judgment in the light of the observations herein before. If the parties are desirous, that court will permit the parties to adduce further evidence. The reference court will pass revised judgment on the basis of the evidence already on record including Ext.A1 and further evidence which may come on record. Refund full court fee paid on the appeal memo to the counsel for the appellant. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE LAA.No.1425/08 4 sv.