IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 LA.App..No. 2107 of 2008() -------------------------- (LAR NO.12/04 ON THE FILE OF THE SUB COURT, OTTAPALAM) APPELLANT(S): CLAIMANT:- ------------------------ T.SANKARAN KUTTY THARAKAN, S/O. LATE APPU THARAKAN, THAVALAKKOTTIL HOUSE, THIRUVAZHIYODE, BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): RESPONDENTS:- ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PALAKKAD, COLLECTORTE, PALAKKAD. 2. THE SPECIAL TAHSILDAR, LA (G) NO.II, PALAKKAD. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 2107 OF 2008 ------------------------ Dated this the 24h day of May, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal has been preferred by the claimant who is dissatisfied with the compensation redetermined by the Reference Court in a Reference under Section 18 of the L.A. Act. Various grounds have been raised in this appeal. 2. When this appeal came up for hearing today, Sri.Ravi.K. learned counsel for the appellant would seek an adjournment. We are not inclined to grant adjournment as we notice that the impugned judgment was passed by the Reference Court without issuing notice to the requisitioning authority viz. the Kerala Water Authority. It is trite by various decisions including the one in Steel Authority of India Ltd. v. State of Kerala (1995 (2) KLT 683) that the requisitioning authority should be given notice of proceedings for determination and redetermination of the market value of the properties acquired at their behest. In the instant case, the Kerala Water Authority, for whose purpose the property was acquired, had not been given notice either by the Land Acquisition Officer or by the Reference Court. On that L.A.A.No.2107/2008 2 reason, we are inclined to interfere with the impugned award of the Reference Court. 3. We set aside the judgment and decree under appeal and remand LAR No. 12/2004 to the Subordinate Judge's Court, Ottapalam. The learned Sub Judge is directed to implead the Kerala Water Authority, the requisitioning authority, as an additional party to the Reference and to issue notice to them. The court will pass revised award refixing the compensation after affording opportunity to all parties including the Kerala Water Authority. The needful in compliance with the above directions will be done by the learned Sub Judge within three months of receiving a copy of this judgment. If the full court fee payable on the appeal memorandum has been paid, the Registry will refund 50% of the same to the counsel for the appellant. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk