IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 LA.App..No. 2225 of 2008() & C.O.51/2009 -------------------------- LAR.146/2001 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS ------------------------ 1. L.SANTHAMMA T.C. 77/258, SOUPARNIKA, CHACKAI, THIRUVANANTHAPURAM (DIED) 2. ADDL.CLAIMANTS -------------- G.RAGHAVAN, TC 31/307(2), SOUPARNIKA, CHACKAI, THIRUVANANTHAPURAM. 3. RAMESH, S/O.RAGHAVAN, TC 31/307(2), SOUPARNIKA, CHACKAI, THIRUVANANTHAPURAM. 4. RAJANI, D/O.LATE SANTHAMMA, TC 31/307(2), SOUPARNIKA, CHACKAI, THIRUVANANTHAPURAM. 5. RAJALAKSHMI, D/O.LATE SANTHAMMA T.C. 31/307(2), SOUPARNIKA, CHACKAI, THIRUVANANTHAPURAM. 6. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. ADV. SRI.R.MANOJ FOR R2-5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, ALONG WITH CO NO. 51 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.2225/2008 & C.O.NO.51/2009 ------------------------ Dated this the 18thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Pettah village for the purpose of Thiruvananthapuram Airport pursuant to Section 4 (1) notification published on 4/2/1999. The Land Acquisition Officer included the land in category 4 and awarded land value at the rate of Rs.78,743/- per Are. The Reference Court under the impugned Judgment would refix the land value at Rs.2,97,600/- per Are. It is brought to our notice by the learned senior Government Pleader that this court has finally approved the land value for properties in category 2 at Rs.1,80,000/-. The present property, being in category 4, cannot be awarded rates more than that. 2. Sri.Manoj R.Nair, learned counsel for the respondents/ cross objectors would submit that the acquired property is eligible to be included in category 1. The learned counsel refers to Ext.A1 document. According to the learned counsel, the cross objectors did not get sufficient opportunities to take out a commission. The counsel pleaded that opportunity be given. LAA.No.2225/2008 2 3. The learned senior Government Pleader Smt.Latha T.Thankappan would submit that even if this court become inclined to grant opportunity, strict conditions should be imposed, so that the interest of the Government is protected. 4. Having regard to the submissions, we are of the view that opportunity can be afforded to the Cross Objectors to take out a commission for proving that the property under acquisition is eligible to be included in category 1, imposing suitable conditions. 5. Result is that judgment and decree under appeal are set aside. The LAR is remanded to the court below. The court below is directed to favourably consider an application for issuance of commission, if any, filed by the claimants within one month of receiving a copy of this judgment and appoint an advocate commissioner. That court will afford opportunity to both sides to adduce whatever further evidence they want to and will pass revised judgment early and at any rate within five months of receiving a copy of this judgment. The above order of remand will become operative subject to the following conditions; LAA.No.2225/2008 3 i). The claimant/respondents pay a sum of Rs.1,000/- to the Kerala Mediation Centre within 10 days and produce receipt before the Reference Court. ii). If under the revised judgment, the appellants become eligible for market value at rates exceeding Rs.1,80,000/-, such excess compensation exceeding Rs.1,80,000/- will not carry interest otherwise admissible under Section 28 of the Act during the period from 18/12/2007 till the date of the revised judgment to be passed by the reference court. It is clarified that the Reference Court will reexamine the claimants for additional value towards structures also. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk