IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 LA.App..No. 520 of 2007(D) -------------------------- LAR.315/1997 of SUB COURT, KOZHIKODE .................... APPELLANTS: RESPONDENTS --------------------- 1. THE SPECIAL TAHSILDAR,LA., KOZHIKODE. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KZOHIKODE. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN RESPONDENTS: CLAIMANTS ---------------------- 1. SANTHAKUMARI K.M., PRASANTHAM , NELLIKODE, KOZHIKODE TALUK. 2. PRASEETHA, PRASANTHAM, P.O. NELLIKODE, KOZHIKODE TALUK 3. PRASANTH, PRASANTHAM P.O., P.O. NELLIKODE. KOZHIKODE TALUK 4. PRABITHA, PRASANTHAM, P.O. NELLIKODE, KOZHIKODE TALUK. BY ADV. SRI.C.P.MOHAMMED NIAS FOR R1TO4 SMT.P.K.SHAKKEELA FOR R1TO4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. 1556/07 IN LAA. 520/07 DISMISSED. 4-7-08 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No.520 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 4th July, 2008 JUDGMENT This appeal relates to the judgment of the land acquisition reference court, Kozhikode (Sub Court, Kozhikode) in LAR No.315/97. The case pertains to acquisition for the purposes of widening of Pottammal-Mamathalathazham road pursuant to a notification under Section 4(1) dated 24.12.1993. As against the land value of Rs.13,446/- per cent awarded by the land acquisition officer, the reference court relying on the evidence which consisted of the oral testimonies of A.Ws.1 and 2 and Ext.A1 and Commissioner's report Exts.C1 and C2 refixed the land value at Rs.30,000/- per cent. It is brought to my notice that a Division Bench of this court by common judgment in LAA No.254/2000 and connected cases interfered with the enhancement of land value in the above manner for properties falling within the category to which the acquired properties in this case belongs. This court set aside the judgments of the reference court and remanded the matter back to the reference court for taking fresh decision. Following the the judgment of the Division Bench in LAA No.254/2000 and connected cases, I set aside the judgment and decree and remand LAR No.315/97 back to the Subordinate Judge's LAA No.520/07 - 2 - Court, Kozhikode. That court will permit both sides to adduce further evidence, if any, and pass a revised judgment on the basis of the evidence to be adduced and the evidence already on record. The Appeal is allowed to the extent indicated above. srd PIUS C.KURIAKOSE, JUDGE