IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 LA.App..No. 2302 of 2008() --------------------------------- LAR.434/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- TONY PETER @ THOMAS, S/O.PETER, AGED 66, ATHIKKAD, PETRISS BUILDING, KADAVANTHRA, KOCHI-20, ELAMKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.C.CHARLES RESPONDENT(S): RESPONDENTS -------------------------- 1. SPECIAL TAHSILDAR(L.A),CORPORATION OF KOCHI, VYTTILA, KOCHI. 2. SECRETARY, CORPORATION OF KOCHI. R1 BY GOVT. PLEADER SMT.R.BINDU R2 BY ADV. SRI.S.RAMESH BABU, SC , COCHIN CORPORATION THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ ----------------------------------------------------------- L.A.A No.2302 OF 2008 -------------------------------- Dated this the 3rd day of June 2010 ORDER Pius.C.Kuriakose, J It appears to us that the appellant is voicing a genuine grievance that his property situated on the side of the Sahodharan Ayyappan road was acquired for the widening of that road. The acquisition was pursuant to notification published on 13/10/2004. The Land Acquisition Officer awarded land value at the rate of Rs6,17,250/- per Are. Reference Court, on the basis of the evidence that was adduced by the claimant, re-fixed the land value at Rs.8,33,300/- per Are. He was awarded structure value also. This appeal is confined to the appellant's claim for enhanced land value. Advocate Sri.K.C.Charles, learned counsel for the appellant, placed strong reliance on the judgment dated 28/02/2009 in L.A.R No.445/2006 which according to Mr.K.C.Charles pertains to the property adjacent to the property under acquisition in this case on its eastern side. It is submitted that under the judgment in L.A.R No.445/2006, the court re-fixed the land value at Rs.10,15,376/- for the acquired land. The registry reports that no appeal is preferred against L.A.R L.A.A No.2302 OF 2008 2 No.445/2006. But, learned Government Pleader submits that it is likely that an appeal proposal may be sent to the Advocate General's office in future. Whatever that be, we feel that the judgment in L.A.R No.445/2006 can have evidentory value for determining the market value in the present case. We are therefore inclined to accept the appellant's plea for a remand. Accordingly, we set aside the judgment and remand L.A.R No.445/2006 for re-determining the market value of the land. We confirm the enhancement awarded by the court towards value of structures. The court below will permit the appellant to rely on L.A.R No.445/2006. Once it is ensured that the above judgment has become final, re-fixation will be done determining the market value relying on that judgment. 2. Parties will appear before the court below on 05/07/2010. Since the appellant is relying on a judgment which was delivered by the court below which is subsequent to the judgment, we are not inclined to refund full court fee. The registry will refund the full court fee paid less Rs.10,000/- to the counsel for the appellant. PIUS C. KURIAKOSE, J C.K.ABDUL REHIM vdv