IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 LA.App..No. 704 of 2009(A) ------------------------- LAR.146/2004 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT: ----------------------- PONNAMMA, AGED 62 YEARS, D/O.PARUKUTTY AMMA, VIRIPPUKANDATHILAYA, THEKKEVELIYIL, (LALITHALAYAM), PALLIPPURAM P.O., CHERTHALA. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENT(S): RESPONDENT- B CLAIMANT: --------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE SPECIAL TAHSILDAR (LA), INDUSTRIAL GOROWTH CENTRE, ALAPPUZHA. 2. MANAGING DIRECTOR, K.S.I.D.C., THIRUVANANTHAPURAM. 3. SAUDAMINI AMMA, D/O.PADMAKSHY AMMA, CHEKKANATTU KIZHAKKECHIRAYIL, PALLIPPURAM P.O., CHERTHALA. GOVERNMENT PLEADER FOR R1 SRI. K. SANIL KUMAR SRI.JOBY CYRIAC, SC, KSIDC FOR R2 SRI.N.NAGARESH FOR R3 SRI.T.V.VINU FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 704 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Subordinate Judge, Cherthala in LAR 146/04. It is a reference made u/s 30 of the Land Acquisition Act. An extent of 3.25 Ares of land comprised in Sy.No.176/3-2 Pallippuram village, Cherthala Taluk has been acquired for the Industrial Growth Centre, Pallipuram. There is 'A' claimant as well as 'B' claimant in this case. The question is regarding the apportionment of compensation rather entitlement whether 'A' claimant is entitled to the amount or B claimant is entitled to the amount. 'A' claimant is relying upon a document of the year 1977 claiming right, title and possession over the property. There is a reference in the said title deed with respect to a 1956 document. 'B' claimant is referring her title to one of the documents of the year 1991 and was relying upon her anterior title to the document of the year 1958. The L.A.A. 704 OF 2009 -2- crux of the matter depends upon the question in whose title deed the property acquired lies. It will also be incidental to decide that whether a person had acquired the property in 1956 and assigned it in 1977 is having better title or the person who had acquired the property in 1958 gifted it in 1991 was having a better title. Unfortunately the learned Subordinate Judge had considered this point only superficially and a question of title is decided merely on the basis of the classification of the land or possession of the land. They are only incidental questions. To determine the question of title which is the main question depends on the document in which the property is covered. In that angle the matter has not been considered by the Land Acquisition Court at all and therefore it requires reconsideration at the hands of the Court and this Court is not in a position to dispose of the matter finally for the reason that the matter requires evidence. Therefore the award under challenge is set aside and the matter is remitted back to the Land Acquisition Court with a direction to permit 'A' claimant as well as 'B' claimant to produce documentary as L.A.A. 704 OF 2009 -3- well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Land Acquisition Court on 7.1.2010. M.N. KRISHNAN, JUDGE. ul/-