IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 LA.App..No. 44 of 2010() ------------------------ LAR.30/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT IN LAR --------------------------------------------------- CHANDRAMATHI AMMA, W/O., AGED 60 YEARS, VADAKKADATHU VEEDU, CHATHINAMKULAM, KARIKKODU, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN RESPONDENT(S): RESPONDENT IN LAR -------------------------------------------------------- 1) STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. * 2) THE EXECUTIVE ENGINEER (C) OFFICE OF THE DY. ENGINEER (CONSTRUCTIONS) SOUTHERN RAILWAYS, ERNAKULAM. GOVT. PLEADER SMT.T.T.JOSEPHINA *[R2 IS IMPLEADED VIDE ORDER DT.22/01/10 IN LAA] THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2011 A/W LAA.1499/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.1499 of 2009 & 44 of 2010 ------------------------------------------------ Dated this the 28th day of February, 2011 JUDGMENT Pius C. Kuriakose, J The claimants are in appeal being aggrieved by what is described as the inadequacy of the compensation re-determined by the Reference Court. Even though apparently attractive grounds have been raised and the learned counsel for the appellants addressed arguments based on those grounds, we are not inclined to examine the merits of the grounds. This is because we find that the Requisitioning Authority/Railways is not made a party. It is trite by various decisions including the one in Steel Authority of India Ltd. v. State of Kerala (1995(2) KLT, 683) that Requisitioning Authorities are to be made parties so that they will be able to participate in the enquiry relating to determination of the market value. The impugned judgment and decree are bad as L. A. A. Nos.1499 of 2009 & 44 of 2010 -2- it is clear that the Railways did not have any notice regarding the LAR. We set aside the judgment and decree and remand the LAR Nos.5/01 and 30/01 to the Additional Subordinate Judge's Court, Kollam. The learned Sub Judge is directed to issue notice to the Railways and pass revised award giving opportunity to all parties including Railways to adduce whatever further evidence they want to. Revised award will be passed by the learned Subordinate Judge at his earliest and at any rate within four months of the Railways being impleaded. The Registry will re-fund only 50% of the court fee remitted on the appeal memo to the appellants. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. Nos.1499 of 2009 & 44 of 2010 -3-