IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 LA.App..No. 984 of 2003() ------------------------- LAR.75/1997 of SUB COURT, MANJERI .................... APPELLANT(S): NOT PARTY IN L.A.R. --------------------------------- THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT P.O., CALICUT AIRPORT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): CLAIMANT AND RESPONDENT -------------------------------------- 1. BENGALAN KUNHI, D/O.CHATHAN, PALLIKKAL AMSOM, MELANGADI. 2. THE DISTRICT COLLECTOR, MALAPPURAM. GOVERNMENT PLEADER SRI. BASANT BALAJI FOR R2 SRI.K.I.MAYANKUTTY MATHER FOR R1 SRI.SUNIL SHANKER FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, ALONG WITH LAA NO. 1172/2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.Nos.984 & 1172 of 2003 ------------------------ Dated this the 17thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. Both these appeals are instituted by the requisitioning authority -Airport Director, Calicut Airport. Though several grounds have been raised, one ground has some appeal. The above ground is that the requisitioning authority is not a party to the proceedings before the Reference Court. It is trite by several judgments of this court and the Supreme Court including the judgment in Steel Authority of India v. State of Kerala (1995 (2) KLT 683), the requisitioning authority is necessary party to the awarding enquiry as well as to the proceedings for enhancement under Section 18 of the Land Acquisition Act. In the instant case, the records reveal that the requisitioning authority was not issued with notice of the reference case by the Reference Court. 2. We set aside the judgment and decree under appeals on that reason and remand the LAR cases to the Land Acquisition Reference Court. It is open to the appellant to file application L.A.A.No.984 & 1172/2003 2 seeking their impleadment as additional parties to the LAR cases. If that application is filed by the appellant within 10 days of the parties entering appearance before the reference court, that application will be favourably considered and the appellant will be impleaded as supplemental respondent. That court will afford opportunity to all the parties to adduce whatever further evidence they want to, and will pass revised judgment on the basis of the entire evidence which comes on record. Since the appellant cannot be blamed for the order of remand, which is being passed, the full court fee paid on the appeal memo will be refunded to the appellant. The parties will appear before the Reference Court on 9/10/2009. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk L.A.A.No.984 & 1172/2003 3 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.Nos.984 & 1172/2003 ------------------------ JUDGMENT 17th September, 2009