IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 LA.App..No. 966 of 2009() ------------------------- LAR.108/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): 1ST REPONDENT --------------------------- STATE OF KERALA,. REP.BY THE DISTRICT COLLECTOR, THIRUVANATNHAPURAM. BY GOVERNMENT PLEADER SMT. JOSEPHINE RESPONDENT(S): CLAIMANT & R2 ---------------------------- 1. R.C.THAMPI, TC,.33/902, MARKET ROAD, CHALAI, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2011, ALONG WITH LAA. 381 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- LAA. Nos. 966 of 2009 & 381 of 2010 ----------------------------------------------- Dated this the 27th day of May, 2011 J U D G M E N T Pius C.Kuriakose, J. There is no appearance for the respondents, even though they have been served with notice. These cases are in respect of acquisition of land in Manakkad Village for the purpose of expansion of vegetable market cum shopping complex at Chalai for TRIDA. The L.A. Officer fixed land value at the rate of Rs.1,77,840/- per Are in LAA. No. 966 of 2009 (corresponding to LAR. No. 108 of 2006) and in LAA. No. 381 of 2010 (corresponding to LAR. No. 24 of 2006) at Rs.1,10,031/- per Are. The Reference Court in both the cases would rely on Ext.A4 judgment of this Court in LAA. No. 915 of 2006 and notice that for the properties covered by that judgment situated at Thampanoor this Court had approved the value of Rs.9,00,000/- per cent. Since the Section 4(1) Notification in respect of that case was of LAA. Nos. 966/09 & 381/10 -2- the year 1997, the learned Judge would add 50% for passage of time and re-fix the value at Rs.33,34,500/- per Are. The learned Government Pleaders would draw our attention to various judgments of this Court pertaining to acquisition of land in Manakkad Village for various purposes. According to them, the rate granted by the Court below in these cases is exorbitant. Having considered the submissions of the learned Government Pleaders and having gone through the impugned judgments we notice that there was no material before the court below on the basis of which it could be held that the properties under acquisition are comparable to the properties covered by LAA. No. 915 of 2006. We are sure that the properties in LAA. No. 915 of 2006 which were at Thampanoor had more locational advantages than the properties under Acquisition. We are however, not inclined to decide the issue finally. The result therefore is that the impugned judgments LAA. Nos. 966/09 & 381/10 -3- and decrees are set aside and LAR. Nos. 24 & 108 of 2006 are sent back to the Reference Court for a fresh decision. The Reference Court is directed to permit the claimants to seek issuance of commission for getting a report regarding the comparability of the acquired properties and the properties covered by LAA. No. 915 of 2006. Opportunity should be given to all parties including TRIDA for adducing whatever further evidence they want to. Fresh decision should be taken on the basis of the entire evidence which comes on record. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-