IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 LA.App..No. 190 of 2010(B) ------------------------------ LAR.107/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): 2ND RESPONDENT -------------------------------------- KERALA MINERALS AND METALS LTD., SANKARAMANGALAM,CHAVARA KOLLAM-REPRESENTED BY THE ASST.GENERAL MANAGER(P&A). BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANT & IST RESPONDENT ------------------------------------------------------- 1. HYMAVATHY,D/O.BHARATHY SUBHALAYAM, PONMANA,PANMANA (DIED). 2. LAKSHMIKUTTY,KUTTIYIL THEKKETHIL, PONMANA,PANMANA. 3. OMANA,KUTTIYIL THEKKETHIL,PONMANA, PANMANA. 4. PUSHPADHARAN,KOLLAPURATHU,PONMANA, PANMANA. 5. PRASANNAKUMARI,PULITHARA VADAKKETHIL, PONMANA,PANMANA. 6. STATE OF KERALA,REPRESENTED BY DIST. COLLECTOR,KOLLAM. SR. GOVT. PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.190 of 2010 ------------------------------------------------ Dated this the 22nd day of November, 2011 JUDGMENT Pius C. Kuriakose, J This appeal is by the Requisitioning Authority. The property was in Panmana village. The acquisition was pursuant to Section 4(1) notification published on 05/08/97. The Land Acquisition Officer awarded land value at the rate of ` 13,294/- per Are. The Reference Court would enhance the same by ` 8,641/- per Are. It is brought to our notice that this Court by judgments in L.A.A. Nos.186/10 and 227/10 interfered with identical awards and remanded the LARs to the Reference Court giving opportunity to both sides to adduce further evidence and directing the Reference Court to pass a fresh award. In view of the judgments in L.A.A. Nos.186/10 and 227/10 and for the reasons stated therein we set aside the judgment and decree under appeal and remand LAR.107/01 to the Additional Sub Court, Kollam. The L. A. A. No.190 of 2010 -2- learned Subordinate Judge is directed to afford opportunity to the claimants as well as to the Government and Requisitioning Authority to adduce whatever further evidence they want to. The learned Subordinate Judge will pass revised award on the basis of the evidence already on record and the evidence which comes to be adduced by the parties. Considering the inconvenience caused to the court, we are not inclined to order refund of the court fee paid. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE