IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 LA.App..No. 875 of 2010(C) ----------------------------------- LAR.80/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT & R1 IN LAR. ----------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS RESPONDENT(S): CLAIMANTS & R2 IN LAR. -------------------------------------------------------------- 1. PRABHAKARAN NAIR, GOWRI PRABHA, CHITHRA NAGAR, VATTIYOORKAVU- 695 013. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM – 695 022. R1 BY ADV. SRI.G.S.REGHUNATH R2 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA. NO.875 of 2010 --------------------------------- Dated this the 12th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. Government is in appeal against the award of the Land Acquisition Reference Court, Thiruvananthapuram. The property under acquisition was situated in Peroorkada Village. The acquisition was for the purpose of setting up of expansion programme of ISRO. Under the impugned award the Reference Court has enhanced the land value from Rs.15,931/- per Are to Rs.5,00,000/- per Are. Our attention is drawn by the learned Government Pleader to the judgment of this court in LAA.No.273/2010 and other cases pertaining to the land in the same village for the same purpose. Counsel for the respondents sought for time. We are not inclined to grant time. We are convinced the enhancement of compensation by the court below is excessive. We set aside the judgment and decree and remand the LAA back to the Reference Court for fresh decision. The Reference Court is directed to permit both sides to adduce further LAA.875/2010 2 evidence and pass revised judgment taking into account the judgment in LAA.No.273/2010 pertaining to acquisition of land in the same village for the same purpose. Parties will enter appearance on 18.8.2011. Learned Subordinate Judge will pass revised judgment as early as possible, at any rate within three months thereafter. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.875/2010 3