IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 LA.App..No. 506 of 2011() ---------------------------------- LAR.20/2007 of SUB COURT, NEYYATTINKARA .................... APPELLANTS: -------------------- 1. DEVI JOHNSON, AGED 60, S/O.PAULIYAIH KUZHIYAMVILA VEEDU, VAZHATHOOR, NEYATTINKARA, TRIVANDRUM(DIST) 2. L.S.SHEELA, W/O.DEVI JOHNSON, KUZHIYAMVILA VEEDU, VAZHUTHOOR, NEYYATTINKARA, TRIVANDRUM(DIST) BY ADVS. SMT.M.A.ZOHRA SRI.BINDU SREEKUMAR RESPONDENTS: ---------------------- 1. STATE OF KERALA REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2. L.S.SAROJAM, KUZHIYAMVILA VEEDU, VAZHUTHOOR, NEYATTINKARA, 3. L.S.PRAMOD, BETHLAHAM, KUZHIYAMVILA, VAZHATHOOR, NEYATTINKARA ADV. SRI.M.C.CHERIAN, SR.SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ln PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- L.A.A No.506 of 2011 -------------------------------------------------- Dated this the 25th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J This appeal is preferred by the claimants, who are not satisfied with the re-determination of compensation by the reference court. The property was in Neyyattinkara village. It is alleged that on the acquired property a residential building as well as a compound wall also existed and that neither the Land Acquisition Officer nor the reference court awarded any compensation for the building or the compound wall. The land value was enhanced by the reference court from Rs.38,616/- per Are to Rs.1,00,000/- per Are. In the present appeal there is claim for further land value as well as the claim for value for building and compound wall. 2. As it was noticed that acquisition was for railway, we directed to serve notice on Mr.M.C.Cherian, the learned standing counsel for the railway. We have heard Smt.M.A.Zohra, the learned counsel for the appellant and also Sri.M.C.Cherian, apart from hearing Mr.C.R.Shyamkumar, the learned L.A.A No.506 of 2011 2 Government Pleader. 3. According to us there is no necessary that to examine the correctness of the total compensation payable to the appellants. We find that in this acquisition case where the acquisition was for the purpose of railway, the railway were not the parties either before the Land Acquisition Officer or before the reference court. It is obligatory in view of the judgment of this Court in Steel Authority of India Ltd. V. State of Kerala (1995(2) KLT 683) and many other judgments of the Supreme Court that the requisitioning authorities at whose instance the acquisition is being done will have to be made parties so that they get an opportunity to participate in the enquiry leading to the fixation of the market value. In view of the infirmity in the above proceedings before the Land Acquisition Officer as well as the reference court, we set aside the judgment and decree and remand the L.A.R.No.20/2007 to the Subordinate Judges Court, Neyyattinkara. The Court is directed to issue notice to the Deputy Chief Engineer (Construction), Southern Railway and to implead him as additional party in the LAR case. The learned judge will pass a revised award after affording an opportunity to all parties including the requisitioning authority to adduce L.A.A No.506 of 2011 3 whatever further evidence they want to. We make it clear that we have not interfered with the finding in the impugned judgment regarding the apportionment of the total compensation between the various claimants. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab