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 28TH JUNE 2011 / 7TH ASHADHA 1933 LA.App..No. 1714 of 2007() -------------------------- (L.A.R. NO.231/2006 IN THE SUBORDINATE COURT -III ERNAKULAM) APPELLANT(S): (CLAIMANT IN THE LAR): ------------------------------------ REETA GEORGE, W/O. LATE K.T.GEORGE, KATTUNILATH, PARAMEL KARINTHAL AKAPARAMBIL, CC NO.32/1366, NEAR PALARIVATTOM,PIPELINE JUNCTION P.O. PALARIVATTOM, ERNAKULAM, KOCHI-25. BY ADV. SRI.S.ABDUL SALAM RESPONDENT(S): (RESPONDENTS IN THE LAR): ---------------------------------------- 1. THE STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA) GENERAL, KAKKANAD, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, HUDCO PROJECT CIRCLE, HOSPITAL ROAD, ERNAKULAM-11. ADV. SRI.BABU VARGHESE, SC, KWA FOR R2 SMT.AMBIKADEVI (SC FOR KWA) SMT.GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 1714 OF 2007 ------------------------ Dated this the 28th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. Our attention is drawn by Smt.Ambikadevi, learned standing counsel for the requisitioning authority to our own judgment in L.A.A. No.1154/2007. She would submit that as we have already passed an order of remand in that case, it is proper that a remand order is passed in this case also. 2. For the reasons stated in our judgment in L.A.A. No.1154/2007, the impugned judgment is also liable to be interfered with. Hence, we set aside the judgment and decree and remand LAR No.231/2006 to the IIIrd Addl. Subordinate Judge's Court, Ernakulam. Opportunity is given to both sides for adducing evidence regarding the correct market value of the land under acquisition. The court below will have due regard to the observations of this court in its judgment in L.A.A. No.1154/2007 while taking fresh decision pursuant to this order of remand. L.A..No.1714/2007 2 The parties will enter appearance before the Court below on 18/2/2011. As the order of remand is being passed at the instance of the appellant and as the appellant is responsible for not producing documents earlier, we are inclined to refund only 80% of the total court fee paid on the appeal memorandum. The Registry will refund 80% of the total court remitted on the appeal memorandum. It is also clarified that during the period from 23/6/2007 till the date of the revised judgment to be passed by the Reference Court, enhanced compensation if any to be awarded to the appellant by the Court below will not carry interest otherwise admissible under Section 28 of the L.A Act. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk