IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 LA.App..No. 1814 of 2007() -------------------------- LAR.38/2006 of ADDL.SUB COURT,PARAVUR .................... APPELLANT: APPELLANT/CLAIMANT ----------------------------- ANNAM.W/O. LATE POULOSE MADAN HOUSE, AYYAMPUZHA VILLAGE ALUVA TALUK. BY ADV. SMT.ROSE MICHAEL RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA REP. BY DIST.COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2008, ALONG WITH LAA NO. 1815 OF 2007 LAA NO. 1816 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.Nos.1814, 1815 & 1816 OF 2007 ---------------------------------------------- Dated 23rd January, 2008. J U D G M E N T Kurian Joseph, J. These are appeals filed by the claimants aggrieved by the common judgment and decree in LAR Nos.38, 39 and 40 of 2006 on the file of the Additional Sub Court, North Paravur. The acquisition is for the purpose of Idamalayar Irrigation Project Link Canal. Section 4(1) notification was issued on 24.3.2005. One of the main contentions taken by the parties is that in respect of an earlier notification covered by LAR 28/02 and LAR 25/03, the land value fixed by the Land Acquisition Officer is at Rs.16,143/- per Are, whereas in the case of the appellants, the Land Acquisition Officer fixed land value at the rate of Rs.12,120/- per Are, though the notification in the instant case is after seven years. The fixation of market value at Rs.16,143/- per Are is in respect of the notification dated 27.3.1998 and the land was acquired for the very same purpose. It is also seen that the land value thus made has been refixed by the reference court at Rs.27,443/- per Are as per the judgment in LAR 28/02. There is also a contention that the same reference court has relied on Ext.B1 judgment in OP NO.1814/07 & connected cases 2 respect of an adjacent property, in LAR 41/06. Learned Government Pleader submits that even going by the evidence of the claimants, it can be seen that the property is not comparable or similar. But what is the basis for reducing the land value to such a disproportionate rate(from Rs.27,443/- to Rs.12,120/-) is not clear. Even if the property covered by LAR 28/02 is not comparable with the acquired property, the other evidence produced by the claimants should have been referred to. An attempt should have been made by the reference court as to whether there is any justification for such a vast difference in the land value of Rs.27,443/- per Are in 1998 and Rs.12,120/- per Are in 2005. Therefore, in the interests of justice, we are of the view that the court has to make a fresh attempt for fixing the land value. The appellants pray for a fresh opportunity, so that they can satisfy the court regarding their claim for enhancement. Accordingly, we set aside the judgment and decree under appeal and remit the cases to the reference court. The parties will appear before the reference court on 12.2.2008 and the reference shall be answered before closing of the court for summer vacation. In case the appellants want to adduce any OP NO.1814/07 & connected cases 3 fresh evidence, the same shall be done before 12.2.2008. Since the cases are remanded, the appellants shall be entitled to refund of the court fee. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. Nos.1814, 1815 & 1816 OF 2007 ---------------------------------------------- J U D G M E N T Dated 23rd January, 2008.